NORTH CAROLINA
REGISTER
VOLUME 12 • ISSUE 8 • Pages 612 742
October 15, 1997
IN THIS ISSUE
Executive Orders
Labor - Verbatim & Automatic Adoptions
Administrative Hearings, Office of
Certified Public Accountant Examiners
Environment and Natural Resources
Human Resources
Justice
Landscape Architects, Board of
Physical Therapy Examiners
Professional Engineers & Land Surveyors
Real Estate Commission
Transportation
Rules Review Commission
Contested Case Decisions
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611- 744 7
Telephone (919) 733-2678
Fax (919) 733-3462
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 J. 13
-!
For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its
components, consult with the agencies below The bolded headings are typical issues which the given agency
can address, but are not inclusive.
Rule Notices, Filings. Register, Deadlines. Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
Capehart-Crocker House (9 1 9) 73 3-2678
424 North Blount Street (919) 733-3462 FAX
Raleigh. North Carolina 27601-2817
contact: Molly Masich. Director APA Ser\ ices
Rubv Creech. Publications Coordinator
mmasich'tfoah.state nc.us
rcreech^:oah. state nc. us
1
I
Fiscal Notes & Economic Analysis
Office of Slate Budget and Management
116 West Jones Street
Raleigh. North Carolina 27603-8005
contact: Mark Sisak. Economist III
Anna Tefft. Economist II
(919)733-7061
(919) 733-0640 FAX
msisak^osbm.state.nc.us
atefft,'S,osbm. state. nc. us
Rule Review and Legal Issues
Rules Re\ lew Commission
1307 Glemvood Ave.. Suite 159
Raleigh. North Carolina 27605
contact: Joe DeLuca Jr.. Staff Director Counsel
Bobbv Br\ an. Staff Attorney
I
(919)733-2721
(919) 733-9415 FAX
Legislative Process Concerning Rule Making
Joint Legislatn e Admimstratne Procedure CKersight Committee
545 Legislatne Office Building
300 North Salisbur> Street (919) 733-2578
Raleigh. North Carolina 276 1 1 (9 1 9) 7 1 5-5460 FAX
contact: Mary Shuping. Staff Liaison
marys'Sms. ncga. state, nc. us
County and Municipality Government Questions or Notification
NC Association of Count>' Commissioners
215 North Dawson Street (919) 715-2893
Raleigh. North Carolina 27603
contact: Jim Blackburn or Rebecca Troutman
NC Leagtie of Municipalities
215 North Dawson Street
Raleigh. North Carolina 27603
contact: Paula Thomas
(919)715-4000
This
publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
Volume 12, Issue 8
Pages 612 - 742
October 15, 1997
This issue contains documents officially filed
through September 24, 1997.
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 2761 1-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann III, Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Jean Shirley, Editorial Assistant
Linda Richardson, Editorial Assistant
IN THIS ISSUE
I. EXECUTIVE ORDERS
Executive Orders 118-119 612
II. IN ADDITION
Labor
Verbatim & Automatic Adoptions 613
III. RULE-MAKING AGENDA
Environment and Natural Resources
Environmental Health 614 - 616
Health Services 614 - 616
Water Quality 614-616
IV. RULE-MAKING PROCEEDINGS
Administrative Hearings
Hearings Division 621
Human Resources
Child Day Care Commission 617 - 618
Facility Services 617
Medical Assistance 618
Vocational Rehabilitation 61.8
Justice
Alarm Systems Licensing Board 618-619
Licensing Boards
Certified Public Accountant Examiners 619
Physical Therapy Examiners 619
Professional Engineers & Land Surveyors 619 - 620
Real Estate Commission 620 - 621
V. PROPOSED RULES
Environment and Natural Resources
Environmental Management 650 - 696
Health Services 696-709
Justice
Private Protective Services Board 622 - 624
Sheriffs' Education & Training Standards 624 - 649
VI. TEMPORARY RULES
Environment and Natural Resources
Coastal Resources 726 - 728
Environmental Management 713 - 726
Wildlife Resources Commission 728 - 729
Human Resources
Child Care Commission 710 - 713
Licensing Boards
Landscape Architects, Board of 730 - 732
Transportation
Motor Vehicles 729-730
VII. RULES REVIEW COMMISSION 733-735
VIII. CONTESTED CASE DECISIONS
Index to ALI Decisions 736 - 741
IX. CUMULATIVE INDEX 1-54
Digitized by tine Internet Arciiive
in 2011 witii funding from
University of North Carolina at Chapel Hill
http://www.archive.org/details/northcarolinareg128nort
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EXECUTIVE ORDERS
EXECUTIVE ORDER NUMBER 118
AMENDING EXECUTIVE ORDER 75 CONCERNING
IMPLEMENTATION OF THE ALBEMARLE-
PAMLICO ESTUAREVE STUDY
RECOMMENDATIONS
WHEREAS, Executive Order No. 75 was issued to
establish mechanisms to achieve better local stakeholder
involvement in environmental programs in the Albemarle-
Pamlico Estuarine region by the creation of five regional
Councils and one Coordinating Council; and
WHEREAS, one Council, the Neuse River Basin Regional
CouncU (NRBRC), has been established and has been meeting
for over a year; and
is to make recommendations to local, state, and
federal regulatory authorities on how to maintain
and improve water quality and other
environmental resources in their individual river
basins. Each Regional Council will set their
own priorities and develop a plan of work which
will address those priorities. The Councils shall
also advise the public and affected stakeholders
of actions and information relevant to
environmental management in the basin.
The Councils shall have no authority other than
as advisory bodies.
Subject to the amendments provided above.
Order No. 75 shall remain in full force and effect.
Executive
WHEREAS, the State's enviromnental management
programs have benefited from the experiences of that Council
which have demonstrated that certain modifications can be
made to the original Executive Order which will lead to more
effective and productive local involvement programs.
NOW, THEREFORE, by the power vested in me as
Governor by the laws and Constitution of the State of North
Carolina, IT IS ORDERED that the following sections of
Executive Order No. 75 are amended to read as follows:
Section 2. Re gional Councils.
A. Composition.
1. Basins to be represented by the Councils.
Five separate Regional Councils shall represent
each of the following five basins, with the area
of the river basin being defined by the
hydrologic boundaries ascribed to it by the
North Carolina Division of Water Quality
(DWQ):
This order is effective immediately.
Done in the Capital City of Raleigh,
the 15th day of September, 1997.
North Carolina, this
EXECUTIVE ORDER NO. 119
RESCISSION OF GOVERNOR MARTIN
EXECUTIVE ORDER NO. 169
WHEREAS, Governor James G. Martin signed Executive
Order No. 169 on the 26th day of June, 1992, and thereby
implemented criminal record checks of applicants for direct
care positions within the former Department of Human
Resources, now the Department of Health and Human
Services; and,
WHEREAS, the North Carolina General Assembly passed
Senate Bill 924, S.L. 1997-260, which will become effective
October 1, 1997, and which will provide for criminal record
checks for these applicants; and.
B.
2. Membership of the Regional Coimcils.
d. Local govenmient representatives shall serve
at the pleasure of the appointing authority and
any local government vacancies in the Coimcil
shall be filled by the appointing authority. In the
event of an interest group vacancy, the Secretary
of the Department of Environment and Natural
Resources shall solicit nominations from current
Council members, the Department, and the
general public. Interest group representatives
serve at the pleasure of the Secretary. The
Secretary will select an acting chair of each
Council who will serve until the official
selection of a chair by the Council membership
is accomplished.
Duties.
1 . A major responsibility of the Regional Councils
WHEREAS, by virtue of this legislative action, there is no
longer a need for Martin Executive Order No. 169 to remain
in effect.
NOW, THEREFORE, by the power vested in me as
Governor by the Constitution and laws of North Carolina, IT
IS ORDERED:
Section L Rescission
Executive Order No. 169 executed by Governor James G.
Martin on June 26, 1992, is hereby rescinded.
Section 2^ Effective Date
This rescission shall be effective October 1 ,
1997.
Done in the Capital City of Raleigh, North Carolina, this
the 15th day of September, 1997.
J2:8
NORTH CAROLINA REGISTER
October 15, 1997
612
IN ADDITION
This Section contains public notices that are required to be published in the Register or ha\'e been approved by the Codifier
of Rules for publicatiort
North Carolina Department of Labor
Division of Occupational Safety and Health
NOTICE OF VERBATIM AND AUTOMATIC ADOPTIONS
OF FEDERAL STANDARDS
In consideration of G.S. 150B-21.5(c;, the Occupational Safety and Health Division of the Department of Labor hereby give:
notice that:
(1) it has submitted a permanent rule change to amend 13 NCAC 07F.0101 to reflect the verbatim adoption of recentl)
issued federal OSHA amendments to the Methylene Chloride standard: 29 CFR 1910.1052. The federal OSH/i
amendments address compliance startup dates and the effective dates for compliance with the collection of informatioi
and paperu'ork requirements. [Refs: 62 FR 42666. 8/8/97; 62 FR 43581, 8/14/97; 62 FR 48175, 9/15/97]
(2) it has submitted a permanent rule change to amend 13 NCAC 07F.0501 to reflect the verbatim adoption of recentl}
issued federal OSHA amendments to the Shipyard Employment standards: 29 CFR 1915. The federal OSH^A
amendments address the effective dates for compliance with the collection of information and paperwork requirement:
associated with personal protective equipment for shipyard employment. [Ref. : 62 FR 33547 dated 6/20/97] Fron
an OSHNC enforcement f)erspective, this rule is only applicable to public sector employees of local governments or o
the State of North Carolina. The effective date of the NC Administrative Code rule change is October 15, 1997.
(3) it has submitted permanent rule changes to amend 13 NCAC 07F.0101 and 13 NCAC 07F.0502 to reflect the
verbatim adoption of recently issued federal OSHA amendments to 29 CFR 1910 and 29 CFR 1917. In the July 25
1997, Federal Register [62 FR 40141-40234] federal OSHA promulgated a Final Rule that constituted
comprehensive rewrite and update of the regulations for Longshoring and parallel sections of the General Industry anc
Marine Terminals standards. 29 CFR 1910, 29 CFR 1917, and 29 CFR 1918 were affected. From an OSHNC
enforcement perspective, 29 CFR 1918 (Longshoring) is outside of OSHNC jurisdiction and the balance of this fma
rule is onl\ applicable to public sector employees of local governments or of the State of North Carolina. [Ref.
N.C.G.S. 95-128] The effective date of the NC Administrative Code rule change is October 15, 1997.
(4j the North Carolina Administrative Code at 13 NCAC 07A.0301 automatically includes amendments to certain parts ol
the Code of Federal Regulations (CFR), including 29 CFR 1904, Recording and Reporting Occupational Injuries anc
Illnesses.
Two automatic adoptions have occurred recently. On August 13. 1997. federal OSHA announced the renewal of iti
current Office of Management and Budget (0MB) approval for 29 CFR 1904.8. 29 CFR 1904.8 addresses the
reporting of occupational fatality or multiple hospitalization incidents. [Ref.; 62 FR 43355] On August 22, 1997
federal OSHA issued a Final Rule that consolidates and displays the 0MB control numbers applicable to 29 CFR 1904
into a single section: 29 CFR 1904.30. [Ref.: 62 FR 44552] This is only editorial; none of the approvals oi
requirements are new.
For additional information regarding these verbatim and automatic adoptions please contact:
Peggy D. Morris
Division of Occupational Safetv' and Health
319 Chapanoke Road
Raleigh, NC 27603-3432
(919) 662-4581
(
613 NORTH CAROLINA REGISTER October 15, 1997 12:8
RULE-MAKING AGENDA
An agency may choose to publish a rule-making agenda which serves as a notice of rule-making proceedings if the
agenda includes the information required in a notice of rule-making proceedings. The agency must accept comments on
the agenda for at least 60 dcrys from the publication date. Statutory reference: G.S. 150B-21.2.
TITLE ISA - DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
This supplemental agenda will serve as the notice of rule-making proceedings for the following rule-making bodies from
October 15, 1997 through December 15, 1997: Commission for Health Services - to rules codified in 15A NCAC 18A;
Department of Environment and Natural Resources - to rules codified in 15A NCAC IJ and IN.
DENR Regulatory Agenda Index - September 24, 1997
F.NVIRGNMENTAL HEALTH/PUBLIC WATER SUPPLY
APA£ SUBJECT RULE CITATION tt
A3469 Drinking Water State Revolving 15A NCAC IN These will be filed as
Fund (DWSRF) temporary rules.
WATER QUALITY/CONSTRUCTION GRANTS
APA* SUBJECT RULE CITATION ft
A3470-a Comprehensive land-use plans to 15A NCAC IJ .0401 & .0402 These will be filed as
be included in priority criteria temporary rules.
ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES
APA # SUBJECT RULE CITATION #
H6829 Rules Governing Public 15A NCAC 18A .2508; .2513; .2515; .2517; .2518; .2522;
Swimming .2526; .2528; .2530; .2531; .2532; .2535; .2537; .2539; .2543
Pools (15A NCAC 18A .2500)
APA tt: A3469
SUBJECT: Drinking Water State Revolving Fund (DWSRF)
RULE CITATION tt: 15 A NCAC IN
STATUTORY AUTHORITY: G.S. 159G-5(d)
DIVISION/SECTION: ENVIRONMENTAL HEALTH/PUBLIC WATER SUPPLY
DIVISION CONTACT: Jessica Miles
DIVISION CONTACT TEL#: (919)733-2321
DATE INITIATED: 9/23/97
DURATION OF RULE: Temporary 1/31/98
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION:
To establish procedures and criteria for making low interest loans from the Drinking Water State Revolving Fund
(DWSRF).
SCOPE/NATURE/SUMMARY:
Financial assistance to public water supply systems under Title XIV of the Federal Safe Drinking Water Act
Amendments of 1996.
APA tt: A3470-a
SUBJECT: Comprehensive land-use plans to be included in priority criteria
RULE CITATION tt: 15A NCAC IJ .0401 & .0402
STATUTORY AUTHORITY: G.S. 159G-10
DIVISION/SECTION: WATER QUALITY/CONSTRUCTION GRANTS
DIVISION CONTACT: Bobby Blowe
DIVISION CONTACT TEL#: (919)733-6900
12:8 NORTH CAROLINA REGISTER October 15, 1997 614
RULE-MAKING AGENDA
DATE INITIATED: 9/23/97
DURATION OF RULE: Temporary 10/23/97
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
House Bill 515 enacted by the 1997 General Assembly amends G.S. 159G-10 which governs the priority criteria fo
funding wastewater and water supply projects. It makes the existence of a comprehensive land-use plan an additiona
general criteria for prioritizing local units of government for loan or grant funds. In doing so, it describes differen
levels of priority including the existence of a comprehensive land-use plan, a plan that exceeds minimum state standard
for the protection of water resources, and actions which have been taken to implement the plan. The Section propose
to amend 15A NCAC IJ .0401 and .0402 in order to comply with House Bill 515, and proposes a range of bonus poini
of between 5 and 10 to be added to existing criteria.
APA #: H6829
SUBJECT: Rules Governing Public Swimming Pools (15A NCAC 18A .2500)
RULE CITATION #: 15A NCAC 18A .2508; .2513; .2515; .2517; .2518; .2522; .2526; .2528; .2530; .2531; .2532
.2535; .2537; .2539; .2543
STATUTORY AUTHORITY: G.S. 130A-282
DIVISION/SECTION: ENVIRONMENTAL HEALTH/ENV. HEALTH SERVICES
DIVISION CONTACT: Jim Hayes
DIVISION CONTACT TEL#: (919)715-0924
DATE INITIATED: 9/22/97
DURATION OF RULE: Permanent 5/1/99
TYPE OF RULE:
STAGE OF DEVELOPMENT: Draft Rule Stage
GOV LEVELS AFFECTED: None
REASON FOR ACTION :
.2508 Definitions
The definition of "repair" is being expanded to include deck replacements in some circimistances. This will save poo!
owners from having to submit engineered plans for deck replacements.
.2513 Sewage System and Other Wastewater Disposal
To allow deck drains to drain indirectly to a sewer without an air gap. This will simplify construction of pools in some
circumstances.
.2515 Design Details
One change limits the circumstances under which a hydrostatic relief valve is required and could result in cost saving
on shallow pools. Another change will allow decorative features such as waterfalls or swim-up bars in swimming pools
if they meet certain guidelines.
.2517 Diving Equipment
Increase the required diving area depth for a one meter diving board to ten feet to be consistent with national standards.
.2518 Circulation System
Technical change to correct inaccurate information.
.2522 Decks
Prohibit pools from being built significantly above or below deck level.
.2526 Dressing and Sanitary Facilities
Require restrooms near pools at hotels and motels where the farthest guest room is more than 300 feet from the pool.
Reduce the number of toilets, urinals, lavatories and showers required at very large public pools.
.2528 Fences
Meet national standards for pool fences with respect to climbability and accessability of gate latches.
615 NORTH CAROLINA REGISTER October 15, 1997 12:8
RULE-MAKING AGENDA
.2530 Safety Provisions
Accept alternative safety equipment now being used by some lifeguards. Require a telephone or other means of
emergency notification within 300 feet of all pools.
.2531 Wading Pools
Increase fence height for wading pools to four feet to be consistent with national standards.
.2532 Spas and Hot Tubs
Change construction standards for spa drains to meet national standards.
.2535 Water Quality Standards
Allow chlorine or bromine feeders which meet NSF International guidelines.
.2537 Maintenance and Operation
Require existing pools to be surrounded by a fence or other structure which will exclude small children.
.2539 Suction Hazard Reduction
Require multiple suction outlets for all public pools to reduce the risk of entrapment on a single suction outlet.
.2543 Water Recreation Attractions
Establish standards for waterpark rides and allow those rides to vary from the standards for other types of public
swimming pools.
12:8 NORTH CAROLINA REGISTER October 15, 1997 616
RULE-MAKING PROCEEDINGS
A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a
rule. Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency serves as Rule-making
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference:
G.S. 150B-21.2.
TITLE 10 - DEPARTMENT OF HUMAN RESOURCES
CHAPTER 3 - FACILITY SERVICES
^^otice of Rule-making Proceedings is hereby given by the
Division of Facility Services in accordance with G.S.
150B-21.2. The agency shall subsequently publish in the
Register the text of the rules it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
10 NCAC 3R .0214. Other rules may be proposed in the
course of the rule-making process.
Authority for the rule-making: G.S. 131E-177(1)
Statement of the Subject Matter: Clarifies the terms
(comparable) as use in the definition of "Replace Equipment "
set forth in G.S. 131E-176(22a).
Reason for Proposed Action: The rule was the subject of a
contested case and is being changed based on the Agency
conclusions in that case. The agency is recommending the
following:
.0214 REPLACEMENT EQUIPMENT
(a) The purpose of this Rule is to define the terms used in
the definition of "replacement equipment" set forth in
G.S.131E-176(22a).
(b) "Activities essential to acquiring and making
operational the replacement equipment" means those activities
which are indispensable and requisite, absent which the
replacement equipment could not be acquired or made
operational .
(c) "Comparable medical equipment" means equipment
which is functionally similar and which is used for the same
diagnostic or treatment purposes.
(d) Replacement equipment is comparable to the equipment
being replaced if:
(1) it has the same basic technology as the equipment
currently in use, although it may possess expanded
capabilities due to technological improvements; and
(2) it is functionally similar and is used for the same
diagnostic or treatment purposes as the equipment
currently in use and is not used to provide a new
health service; and
(3) the acquisition of the equipment does not result in
more than a 10% increase in patient charges or per
procedure operating expenses within the first twelve
months after the replacement equipment i
acquired; and
(4^ — it will be located on the same site o r campus as tli e
equi p ment cu rr ently in use.
(e) Replacement equipment is not comparable to the
equipment being replaced if:
( 1 ) the replacement equipment is new or reconditioned,
the existing equipment was purchased second-hand,
and the replacement equipment is purchased less
than three years after the acquisition of the existing
equipment; or
(2) the replacement equipment is new, the existing
equipment was reconditioned when purchased, and
the replacement equipment is purchased less than
three years after the acquisition of the existing
equipment; or
(3) — the r e p lacement equi p ment is permanently fixed
equi p ment and the existing equi p ment is one a piece
WOi
i^m
of mobile equi p ment which is sha r ed between two
o r mo r e facilities; o r
the replacement equipment is capable of performing
procedures that could result in the provision of a
new health service or type of procedure that has not
been provided with the existing equipment; or
the replacement equipment is purchased and the
existing equipment is leased, unless the lease is a
capital lease.
Comment Procedures: Written comments concerning this
rule-making action must be submitted by December 15, 1997
to Jackie Sheppard; Rule-making Coordinator, Division of
Facility Services. PO Box 29530, 701 Barbour Drive,
Raleigh, NC 27603.
SUBCHAPTER 3U - CHILD DAY CARE STANDARDS
\Totice of Rule-making Proceedings is hereby given by the
J. y North Carolina Child Care Commission in accordance
with G.S. 150B-21.2. The agency shall subsequently publish
in the Register the text of the rules it proposes to adopt as a
result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
10 NCAC 3U.
617
NORTH CAROLINA REGISTER
October 15, 1997
12:8
RULE-MAKING PROCEEDINGS
Authority for the rule-making: G.S. 143B-168.3
Statement of the Subject Matter: Child Day Care Rules
Reason for Proposed Action: The North Carolina General
Assembly recently enacted S.L. 97-0506 which revises G.S.
110, the law for child care centers and family child care
homes. The North Carolina Child Care Commission proposes
to review all the child day care rules for any changes needed
to conform to the new child care law.
Comment Procedures: Questions or written comments
regarding this matter may be directed to Nancy Guy, APA
Coordinator, Division of Child Development, 319 Chapanoke
Road, PO Box 29553, Raleigh, NC 27526-0553; (919)662-
4543.
CHAPTER 26 - DIVISION OF MEDICAL ASSISTANCE
^^otice of Rule-making Proceedings is hereby given by the
DHHS - Division of Medical Assistance in accordance
with G.S. 150B-21.2. The agency shall subsequently publish
in the Re gister the text of the rules it proposes to adopt as a
result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
10 NCAC 26H .0401. Other rules may be proposed in the
course of the rule-making process.
Authority for the rule-making: G.S. 108A-25(b)
Statement of the Subject Matter: This rule establishes and
sets parameters that are used to establish maximum physician
allowables.
CHAPTER 20 - VOCATIONAL REHABILITATION
A Totice of Rule-making Proceedings is hereby given by the
1 y Department of Health and Human Services - Division of
Vocational Rehabilitation Services in accordance with G.S.
150B-21.2. The agency shall subsequently publish in the
Register the text of the rules it proposes to adopt as a result of
this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
10 NCA C 20C . 0200, . 0600. Other rules may be proposed in
the course of the rule-making process.
Authority for the rule-making: G.S. 143-545A; 143-546A;
34 C.F.R. 361.36; 34 C.F.R. 361.41; 34 C.F.R. 361.42: 34
C.F.R. 361.43; 34 C.F.R. 361.44
Statement of the Subject Matter: The rules in these
sections deal with eligibility for services and the order of
selection for when the Division has insufficient resources to
serve all applicants who are determined eligible. The rules
will be amended to require that the Division determine each
client's priority category and notify the individual of the
category only when the Division implements an order of
selection.
Reason for Proposed Action: The final Federal regulation
regarding order of selection for services issued February 11,
1997 requires the assignment of an individual to a particular
category and notification of that assignment when the State
implements an order of selection.
Comment Procedures: Written comments should be mailed
to Jackie Stalnaker, P.O. Box 26053, Raleigh, NC 27611.
*******************
Reason for Proposed Action: To cap physician allowable
amounts not to exceed the Medicare allowable amount for the
same or similar services, or if the fee may exceed the
Medicaid fees for similar services, or if the fee is too high in
relation, to the skills, time and other resources required to
provide the particular service.
Comment Procedures: Written comments concerning this
rule-making action must be submitted to Portia W. Rochelle,
Rule-making Coordinator, Division of Medical Assistance,
1985 Umstead Drive, Raleigh, NC 27603.
TITLE 12 - DEPARTMENT OF JUSTICE
CHAPTER 11 - N.C. ALARM SYSTEMS LICENSING
BOARD
A Totice of Rule-making Proceedings is hereby given by the
1 y North Carolina Alarm Systems Licensing Board in
accordance with G.S. 150B-21.2. The agency shall
subsequently publish in the Re gister the text of the rule it
proposes to adopt as a result of this notice of rule-making
proceedings and any comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
12 NCAC 11 .0210. Other rules may be proposed in the
course of the rule-making process.
Authority for the rule-making: G.S. 74D-5(a)(2)
Statement of the Subject Matter: To amend the
requirements for the electrical test approved by the Board.
Reason for Proposed Action: The Board has determined
that it no longer needs to approve and administer an electrical
test. This amendment will not affect the requirement that
12:8
NORTH CAROLINA REGISTER
October 15, 1997
618
RULE-MAKING PROCEEDINGS
each firm, association, corporation, department, division, or
branch office must maintain at all times a licensee or
registered employee who holds a license for either a SP-LV,
limited, intermediate or unlimited examination as
administered by the Board of Examiners of Electrical
Contractors.
Comment Procedures: Written comments concerning this
rule-making activity' may be submitted to W.A. Haggard. Ill,
Administrator, NC Alarm Systems Licensing Board, 3320 Old
Garner Rd., Raleigh, NC 27626.
TITLE 21 - OCCUPATIONAL LICENSING
BOARDS
CHAPTER 8 - BOARD OF CERTIFIED PUBLIC
ACCOUNTANT EXAMINERS
A Totice of Rule-making Proceedings is hereby given by the
1 y North Carolina State Board of Certified Public
Accountant Examiners in accordance with G.S. 150B-2L2.
The agency shall subsequently publish in the Register the text
of the rules it proposes to adopt as a result of this notice of
rule-making proceedings and any comments received on this
notice.
Citation to Existing Rules Affected by tliis Rule-Making:
21 NCAC 8A .0309: 8F .0103. .0105. .0302, .0304, .0401,
.0410; 8G .0404. .0406; 8H .0001; 81 .0005; 8J .0001,
.0006, .0008; 8K .0301. Other ndes may be proposed in the
course of the rule-making process.
Authority for tiie rule-making:
12(8b); 93-I2(8c); 93-12(9)
G.S. 55B; 93-12(3); 93-
Statement of the Subject Matter: The NC State Board of
CPA Examiners proposes to amend rules relevant to the
Uniform CPA Examination (definitions, applications,
conditioning, and education requirements); CPA certification;
continuing professional education (CPE); reciprocal
certification; certificate status (renewal, revocation,
forfeiture, surrender, reissuance, and reinstatement); firm
registration; and registered limited liability partnerships. The
rule proposed for adoption clarifies the education requirement
for CPA certification.
Reason for Proposed Action: To amend and adopt language
resulting from recent statutory changes. To clarify-
application and conditioning requirements for CPA exam
candidates. To clarify CPA certification requirements,
continuing professional education (CPE), and certificate
status. To clarify filing requirements for firms and registered
limited liability partnerships.
Comment Procedures: Any person interested in these ndes
may submit comments by mailing the comments to Robert N.
Brooks. E.xecutive Director, NC State Board of CPA
Examiners, PO Box 12827. Raleigh, NC 27605.
CHAPTER 48 - NORTH CAROLINA BOARD OF
PHYSICAL THERAPY EXAMINERS
A Totice of Rule-making Proceedings is hereby given by the
1 V North Carolina Board of Physical Therapy Examiners in
accordance with G.S. 150B-21.2. The agency shall
subsequently publish in the Register the text of the rule(s) it
proposes to adopt as a result of this notice of rule-making
proceedings arui any comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
21 NCAC 48A .0003, .0005; 48B .0002; 48C , Section .0100
(.0101, .0102. .0103), Section .0300 (.0301, .0302, .0401);
48D .0002. .0003. .0004. .0005, .0006, .0009. .0010; 48E.
Section .0100 (.0101, 0104, .0110); 48F .0002; 48G, Section
.0200 (.0202), Section .0400 (.0403, .0404). Section .0500
(.0504. .0512. ) Section .0600 (.0601). Other rules may be
proposed in the course of the rule-making process.
Authority for the rule-making: G.S. 90-270.24 through 90-
270.39
Statement of the Subject Matter: Rules related to
examinations and testing procedures, language requirements
for foreign trained, graduate categories, fees, and
disciplinary actions.
Reason for Proposed Action: To bring rules into
compliance with changes in testing procedures from paper
and pencil examinations to computer based testing (CBT), to
eliminate the categories of "Graduate Physical Therapist and
Graduate Physical Therapist Assistant " as CBT has replaced
this need, to set the language requirements for foreign trained
applicants to the standards recommended by the Federation of
State Boards of Physical Therapy, to clarify responsibilities of
licensees, to raise application fees ($10.00) for Physical
Therapist Assistants to more accurately reflect actual costs of
administration, to identify new areas of disciplinary action as
suggested by the Board's Investigative Committee, to clearly
authorize subpoena power to the Investigative Committee for
patient records, and to make rules gender neutral.
Comment Procedures: Written comments may be submitted
on the subject matter of the proposed rule making to Ben F.
Massey, Jr.. PT, Executive Director, at the Board's office.
Address; 18 West Colony Place, Suite 120, Durham, NC,
27705, Fax 919-490-5106.
*******************
CHAPTER 56 - BOARD OF PROFESSIONAL
619
NORTH CAROLINA REGISTER
October 15, 1997
12:8
RULE-MAKING PROCEEDINGS
ENGINEERS AND LAND SURVEYORS
A Jotice of Rule-making Proceedings is hereby given by the
1 V North Carolina State Board of Registration for
Professional Engineers and Land Surveyors in accordance
with G.S. I50B-21.2. The agency shall subsequently publish
in the Register the text of the rule(s) it proposes to adopt as a
result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
21 NCAC56.
Authority for the rule-making: G.S. 89C-10(a)
Statement of the Subject Matter: Board Rules for
Professional Engineers and Land Surveyors
Reason for Proposed Action: To incorporate Board
approved changes and staff recommended technical changes
and to make gender neutral.
Comment Procedures: Submit comments in writing to the
Rule-making Coordinator, David S. Tuttle, Board Counsel,
NC State Board of Registration for Professional Engineers
and Land Surveyors, 3620 Six Forks Rd., Suite 300, Raleigh,
NC 27609.
*******************
CHAPTER 58 - REAL ESTATE COMMISSION
\ Jotice of Rule-making Proceedings is hereby given by the
1 y North Carolina Real Estate Commission in accordance
with G.S. 150B-21.2. The agency shall subsequently publish
in the Re gister the text of the rule(s) it proposes to adopt as a
result of this notice of rule-making proceedings and any
comments received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
21 NCAC 58A .0101, .0103 - .0105, .0107 - .0110, .0114,
.0302, .0502, .0505 - .0506, .0601, .0613 - .0614 and .1702;
.0402; and 58E .0407. Other rules may be proposed in the
course of the rule-making process.
Authority for the rule-making: G.S. 47E-4(b); 55B-5; 66-
68; 93A-1; 93A-2(b); 93A-3(c); 93A-4(a)(b)(d); 93A-4A; 93A-
6(a); 93A-51; 93A-54(d); and 150B-38(h).
Statement of the Subject Matter: 21 NCAC 58A .0101 -
Display of License; .0103 - Change of Name or Address;
0104 - Agency Agreements and Disclosure; .0105 -
Advertising; .0107 - Handling and Accounting of Funds;
0108 - Retention of Records; .0109 - Brokerage Fees and
Compensation; .0110 - Broker-ln-Charge; .0114 - Residential
Property Disclosure Statement; .0302 - Filing and Fees;
. 0502 - Business Entities; . 0505 - Reinstatement of Expired
License, Revoked, Surrendered or Suspended License; .0506-
Salesman to be Supervised by Broker; .0601
Form/Prep/Complaints/Motions/Other Pleadings /Contested
Cases; .0613 - Scope; .0614 - Summary Suspension; .0614 -
Summary Suspension; .1702 - Continuing Education
Requirement; 21 NCAC 58B .0402 - Agency Disclosure in
Timeshare Transactions; 21 NCAC 58E .0407 - Per Student
Fee.
Reason for Proposed Action: 21 NCAC 58A .0101 - to
eliminate the requirement that real estate licensees display
their license certificates at their offices, and instead require
licensees to produce their license pocket cards upon request
as proof of licensure. 21 NCAC 58A .0103 - to clarify that
licensees must report personal and business name changes to
the Commission within 10 days of such change. 21 NCAC
58A .0104 - to include a discussion of designated agency in
the 'Description of Agent Duties and Relationships"
statement. 21 NCAC 58A .0105 - to eliminate the
requirement that licensees furnish the Commission a copy of
their assumed name registration certificate (s) when a firm or
assumed name does not set forth the surname of the licensee.
21 NCA C 58A . 0107 - to codify the requirement that brokers
shall deposit cash into their trust accounts within three
banking days; to clarify that licensees must safeguard trust
monies, and not convert or allow others to convert them to
their personal use; to codify a procedure for disposing of
disputed and abandoned trust monies. 21 NCAC 58A .0108 -
to codify that transaction records, including records of
incomplete transactions, must be retained by the broker-in-
charge of the office where the transaction was conducted. 21
NCAC 58A .0109 -to codify that real estate licensees shall not
compensate unlicensed persons or entities engaging in real
estate brokerage activity in this state. 21 NCAC 58A .0110 -
to clarify that a broker can be the broker-in-charge of more
than one firm when all of the firms have the same physical
location; to clarify that an office can have only one broker-in-
charge; and to eliminate the requirement that a "Verification
of Salesman Experience" form be furnished to all salesmen
when they terminate their association with their brokers-in-
charge, and instead require that the form be provided upon
request from the salesman. 21 NCAC 58A .0114 - to codify
the Residential Property Disclosure Statement required by
G.S. 47E-4(b) and the requirement that licensees use said
form. 21 NCAC 58A .0302 - to reinsert paragraph (c) which
was inadvertently omitted from the existing rule. 21 NCAC
58A .0502 - to codify the requirement that, when a licensed
business entity is the principal broker of another licensed
business entity, the individual licensed broker of the principal
broker entity shall be responsible for assuring performance of
the principal broker's duties with regard to both entities. 21
NCAC 58A .0505 - to refine the requirements for
reinstatement of a license that has been suspended, especially
when the suspension is for more than one year. 21 NCAC
58A . 0506 - to codify the requirement that, in addition to the
i2:8
NORTH CAROLINA REGISTER
October 15, 1997
620
RULE-MAKING PROCEEDINGS
salesman's broker-in-charge, the salesman shall be
responsible for notifying the Commission when the broker-in-
charge terminates his/her supervision of the salesman. 21
NCAC 58A .0601 - to codify that licensees must respond in
writing to written inquiries from the Commission. 21 NCAC
58A .0613 - to repeal obsolete rule regarding the Appraisal
Board. 21 NCAC 58A .0614 - to codify procedures for the
summary suspension of real estate licenses. 21 NCA C 58A
. 1 702 - to codify that reinstatement of a revoked license, a
surrendered license or a license expired for more than one
year will be treated as an "initial licensure" for continuing
education purposes. 21 NCAC 58B .0402 - to clarify that
licensees must disclose their agency relationships to the
parties in timeshare transactions. 21 NCAC 58E .0407 - to
eliminate the requirement that continuing education sponsors
must submit a separate check for each separate class session
when paying student fees to the Commission.
Comment Procedures: Written comments regarding the
rules may be sent to or delivered to Ms. Janet B. Dutton do
NC Real Estate Commission. PO Box 17100. 1313 Navaho
Dr.. Raleigh. NC 27619-7100.
TITLE 26 - OFFICE OF ADMINISTRATIVE
HEARINGS
CHAPTER 3 - HEARINGS DIVISION
\Totice of Rule-making Proceedings is hereby given by the
1 y Office of Administrative Hearings in accordance with
G.S. 150B-21.2. The agency shall subsequently publish in the
Register the text of the rule(s) it proposes to adopt as a result
of this notice of rule-making proceedings and any comments
received on this notice.
Citation to Existing Rules Affected by this Rule-Making:
26 NCAC 3.
Authority for the rule-making: G.S. 7A-751
Statement of the Subject Matter: Review of OAH rules
governing the contested case procedures to assure compliance
with current law and current OAH practice.
Reason for Proposed Action: To assure that existing rules
are in compliance with current laws and practices.
Comment Procedures: Written comments should be directed
to Susana Honeywell. Rule-making Coordinator, OAH. PO
Drawer 27447. Raleigh. NC 27611; or written comments may
be faxed to 919-733-3407
621
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a
Notice of Rule -making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory
reference: G.S. 150B-21.2.
TITLE 12 - DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S. 150B-21.2
that the N. C. Private Protective Services Board intends
to amend rules cited as 12 NCAC 7D .0201, .0204, .0504,
.0701, .0801, .0902 and .1106. Notice of Rule-making
Proceedings was published in the Register for 12 NCAC 7D
.0201, .0504, .0701. .0801 and .0902 on August 15, 1996.
Notice of Rule-making Proceedings was published in the
Register for 12 NCAC 7D .0204 and .1106 on October 15,
1996.
Proposed Effective Date: August 1, 1998
A Public Hearing will be conducted at 3:00 p.m. on
November 3, 1997 at the SBI Conference Room, 3320 Old
Garner Road, SBl/Highway Patrol Complex, Raleigh, NC
27626.
Reason for Proposed Action:
12 NCAC 7D .0201, .0701, .0801, .0902 - The Board is
proposing a change to the type and origin of criminal record
checks that are submitted with an individual's application.
12 NCAC ID .0504 - The current rule requires a polygraph
instrument to have a "permanent simultaneous recording on a
moving chart. " Technology has changed and new instruments
no longer record data on a moving chart.
12 NCAC 7D .0204, .1106 - The Board plans to amend the
rules to allow consideration of legally gained experience only.
Comment Procedures: Comments may be presented orally
or in writing at the hearing. Other written comments
concerning this rule-making activity must be submitted no
later than November 18, 1997 to: W.A. Hoggard, III,
Administrator, NC Private Protective Services Board, 3320
Old Gamer Road, Raleigh, NC 27626.
.0201 APPLICATION FOR LICENSES AND
TRAINEE PERMITS
(a) Each applicant for a license or trainee permit shall
submit an original and one copy of the application to the
Board. The application shall be accompanied by:
(1) one set two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) one recent head and shoulders photograph(s) of the
applicant of acceptable quality for identification,
one inch by one inch in size;
(3) statc n icnts certified statement of the result of a
local criminal history records search by the erty^
emmty identification bareati appropriate
governmental authority housing criminal record
information or clerk of superior court in each
county where the applicant has resided within the
immediate preceding 60 months;
(4) the applicant's non-refundable application fee; and
(5) actual cost charged to the Private Protective
Services Board by the State Bureau of Investigation
to cover the cost of criminal record checks
performed by the State Bureau of Investigation,
collected by the Private Protective Services Board.
(b) Applications for trainee permits shall be accompanied
by a notarized statement on a form provided by the Board and
signed by the applicant and his prospective supervisor, stating
that the trainee applicant shall at all times work with and
under the direct supervision of that supervisor.
(c) Private investigator trainees applying for a license must
make available for inspection a log of experience on a form
provided by the Board.
(d) Each applicant must provide evidence of high school
graduation either by diploma, G.E.D. certificate, or other
acceptable proof.
Authority 74C-2: 74C-5; 74C-8.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds . These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 7 - PRIVATE PROTECTIVE SERVICES
SUBCHAPTER 7D - PRIVATE PROTECTIVE
SERVICES BOARD
SECTION .0200 - LICENSES: TRAINEE PERMITS
.0204 DETERMINATION OF EXPERIENCE
(a) Experience requirements shall be determined in the
following maimer:
(1) one year experience = 1,000 hours;
(2) two years experience = 2,000 hours;
(3) three years experience = 3,000 hours.
(b) Applicants must be prepared to make available upon
request written documentation and/or verification of
experience.
(c) The Board may. fo r good cause, shall consider any
only lawfullv gained experience claimed by the applicant if
gained while not in p ossession of a valid when applying for a
12:8
NORTH CAROLINA REGISTER
October 15, 1997
622
PROPOSED RULES
license, registration or trainee permit. Such experience may
include formal classroom training which is directly related to
the private protective services industry. The Board may grant
one half hour of credit for each hour of formal training, but
shall grant no more than two hundred hours. Paragraph (c)
of this Rule is to be considered in addition to any other
formal training credits. No credit shall be given for formal
training required pursuant to these Rules.
Authority- 74C-5: 74C-8.
SECTION .0500 - POLYGRAPH
.0504 POLYGRAPH INSTRUMENTS
A polygraph examiner shall not conduct an examination
unless the instrument used makes a permanent simultaneous
recording on a moving cha r t of at least three physiological
tracings: the pneumograph, the cardiophygmograph. and the
galvanograph. This recording must be in a form suitable for
examination by another polygraph examiner. Such recordings
shall be available to the Board or its designated
representative. This requirement shall not prohibit recording
additional physiological phenomenon on the same charts. A
polygraph examiner shall not conduct an examination on an
instrument unless the manufacturer has provided information
for self-calibration and sensitivity standards for that
instrument. A polygraph examiner shall calibrate his
instrument at least monthly and keep a signed and dated
record of the dates of calibration as well as a signed and dated
chart of that calibration.
Authority 74C-5.
SECTION .0700 - SECURITY GUARD REGISTRATION
(UNARMED)
.0701 APPLICATION FOR UNARMED SECUTUTY
GUARD REGISTRATION
(a) Each employer or his designee shall submit and sign an
application form for the registration of each employee to the
Board. This form shall be accompanied by:
(1) one set two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) two recent head and shoulders color photographs of
the applicant of acceptable quality for identification,
one inch by one inch in size;
(3) statements of any c r miinal r eco r d obtained certified
statement of the result of a criminal records search
from the appropriate governmental authority
housing criminal record information or clerk of
superior court in each area where the applicant has
resided within the immediate preceding 48 months;
(4) the applicant's non-refundable registration fee; and
(5) actual cost charged to the Private Protective
Services Board by the State Bureau of Investigation
to cover the cost of criminal record checks
performed by the State Bureau of Investigation,
collected by the Private Protective Services Board
(b) The employer of each applicant for registration shall
give the applicant a copy of the application and shall retain a
copy of the application in the individual's personnel file in the
employers 's office.
(c) The applicant's copy of the application shall serve as a
temporary registration card which shall be carried by the
applicant when he is within the scope of his employment and
which shall be exhibited upon the request of any law
enforcement officer or other authorized representative of the
Board.
(d) A statement signed by a certified trainer that the
applicant has successfully completed the training requirements
of 12 NCAC 7D .0707 shall be submitted to the
Administrator not later than 80 days from the hiring of an
unarmed security guard.
(e) A copy of the statement specified in Paragraph (d) of
this Rule shall be retained by the licensee in the individual
applicant's personnel file in the employer's office.
Authority 74C-5: 74C-11: 74C-13.
SECTION .0800 - ARMED SECURITY GUARD
FIREARM REGISTRATION PERMIT
.0801 APPLICATION/ARMED SECURITY GUARD
FIREARM REGISTRATION PERMIT
(a) Each employer or his designee shall submit and sign an
application form for the registration of each employee to the
Board. This form shall be accompanied by:
( 1 ) one set two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) two recent head and shoulders color photographs of
the applicant of acceptable quality for identification
one inch by one inch in size;
(3) statements of any c r iminal r eco r d obtained certified
statement of the result of a criminal records search
from the appropriate governmental authority
housing criminal record information or clerk of
superior court in each area where the applicant has
resided within the immediate preceding 48 months;
(4) the applicant's non-refundable registration fee; and
(5) a statement signed by a certified trainer that the
applicant has successfully completed the training
requirements of 12 NCAC 7D .0807.
(b) The employer of each applicant for registration shall
give the applicant a copy of the application and shall retain a
copy of the application in the individual's personnel file in the
employer's office.
(c) The applicant's copy of the application shall serve as a
temporary registration card which shall be carried by the
applicant when he is within the scope of his employment and
which shall be exhibited upon the request of any law
enforcement officer or other authorized representative of the
Board.
(d) Applications submitted without firearms certificates
shall not serve as temporary registration cards unless the
623
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
contract security company or proprietary security
organization has obtained prior approval from the
administrator and provides satisfactory proof that the
applicant has received prior firearms training.
(e) The provisions of (a), (b), and (c) of this Rule shall
also apply to any employee whose employment is terminated
within 30 days of employment.
Authority 74C-5; 74C-13.
SECTION .0900 - FIREARMS TRAINER
CERTIFICATE
.0902 APPLICATION FOR FIREARMS TRAINER
CERTIFICATE
Each applicant for a firearms trainer certificate shall submit
an original and one copy of the application to the Board. The
application shall be accompanied by:
(1) one set two sets of classifiable fingerprints on an
applicant fingerprint card;
(2) one recent head and shoulders color photograph of
the applicant of acceptable quality for identification,
one inch by one inch in size;
(3) statements certified statement of the result of a
teetri-criminal history records search by the etty
emmty identification bttreatt appropriate
governmental authority housing criminal record
information or clerk of superior court in each
county where the applicant has resided within the
immediate preceding 60 months;
(4) actual cost charged to the Private Protective
Services Board by the State Bureau of Investigation
to cover the cost of criminal record checks
performed by the State Bureau of Investigation,
collected by the Private Protective Services Board;
(5) the applicant's non-refundable registration fee; and
(6) a certificate of successful completion of the training
required by 12 NCAC 7D .0901(3) and (4). This
training shall have been completed within 60 days
of the submission of the application.
Authority 74C-5; 74C-13.
SECTION .1100 - TRAINING AND SUPERVISION FOR
PRIVATE INVESTIGATOR ASSOCIATES
. 1 106 TIME LIMITS ON EXPERIENCE
(a) The Board will consider any practical experience
legally gained within 10 years of the application date.
(b) The Board will consider any educational experience
referred to in 12 NCAC 7D .1105.
Authority 74C-5(2).
Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Sheriffs' Education and Training Standards
Commission intends to amend rules cited as 12 NCAC lOB .0101. .0107, .0202, .0204, .0206, .0304, .0505, .0601, .0603,
.0605, .0702 - .0707, .0801 - .0802, .0903, .0908 - .0911, .1002, .1004 - .1006, .1101 - .1105, .1202, .1204 - .1206. Notice
of Rule-making Proceedings was published in the Register on August 15, 1997.
Proposed Effective Date: August 1, 1998
A Public Hearing will be conducted at 8:30 a.m. on November 14, 1997 at the Sheraton Atlantic Beach, Salter Path Road,
Atlantic Beach, NC 28512.
Reason for Proposed Action:
12 NCAC lOB .0101 - This rule change is being made due to the Commission moving to a new building.
12 NCAC lOB .0107 - Numerical adjustment to the History Note regarding the General Statute number.
12 NCAC lOB .0202(4) and (5) - This rule change merely alters the wording to be consistent with other rules within the
Commission's administrative code; and to make clear that the Probable Cause Committee of the Sheriffs' Commission, which has
been formed in accordance with the Commission 's bylaws, has the authority to determine the period of time appropriate for the
sanction set out in paragraph (5).
12 NCAC lOB .0204(c)(1) and (2) - This rule change adds language to make it clear that any attempts by justice officers to
cheat on their in-service firearms requirement is punishable by the Commission.
12 NCAC lOB .0204(d)(5) - This change merely clarifies that should the Class A misdemeanors all be dated outside the 2 year
period, certification shall be issued.
12 NCAC lOB .0206(a)(4) and (5) - This rule change adds authority for the Director, on behalf of the Commission, to issue a
summary denial in the event an applicant refuses to submit to the Commission-mandated drug screen; and to issue a summary
12:8
NORTH CAROLINA REGISTER
October 15, 1997
624
PROPOSED RULES
suspension in the event a justice officer produces a positive drug screen.
12 NCAC lOB .0304(a) - Tfiis rule change alters the language of the rule to comply with the new medical forms adopted by the
Commission.
12 NCAC lOB .0505(a) - This rule change requires a deputy sheriff be employed with a prior agency in order to be credited with
the time sensed at that agency, and also be certified for that period of employment.
12 NCAC lOB .0601(a) - This changes the total number of hours of instruction for the Detention Officer Certification Course.
12 NCAC 108 .0601(b) - This change is being made to change one topic area, add another topic area, and increase the hours of
the course.
12 NCAC 108 .0601(f) - This change requires the certified school director to adhere to the guide before, during, and after a
course delivery.
12 NCAC 108 .0603(a) - This amendment requires a detention officer be employed with a prior agency in order to be credited
with the time serxed at that agency, and also be certified for that period of employment .
12 NCAC 108 .0605(d) - This amendment would allow a trainee to participate in only one partial delivery of a course in order
to make up a deficiencx within 120 days, and allows the trainee to retest on a unit test only once during that partial enrollment.
12 NCAC 108 .0702 - The Criminal Justice Standards Division has relocated, therefore, the rule change of deleting "1 West
Morgan Street " was necessary in updating this particular rule.
12 NCAC lOB .0703(b) - This change would allow no more than txvo school directors to become certified per each accredited
institution/agency. The nde also requires that the certified school director(s) be readily available at all times.
12 NCAC 108 .0703(c)(3) - This change would have the school director and the accredited institution/agency refer to the
Detention Officer Course Management Guide to determine the proper facility, equipment, materials, and supplies needed for a
course delivers'.
12 NCAC 108 .0703(c)(3)(D) - The partial deletion of this rule is the removal of the block of instruction entitled "Unarmed Self-
Defense". The additions to this rule are the standards needed for the delivery of the 'Specialized Control Techniques " block of
instruction.
12 NCAC 108 .0703(c)(3)(E) - This addition specifies the type of jail cell needed in performing the required block of instruction
entitled "Contraband Searches ".
12 NCAC 108 .0703(c)(3)(F) - This addition states the standards needed for delivery of the 'Fire Emergencies in the Jail "block
of instruction.
12 NCAC 108 .0703(c)(3)(G) - Tliis addition states the standards needed for delivery of the "Physical Assessment" block of
instruction.
12 NCAC 108 .0703(c)(3)(H) - This addition states the standards needed for delivery of the "First Aid and CPR" block of
instruction.
12 NCAC 108 .0703(c)(4) - This addition is to allow an accredited institution/agency to make facility arrangements with another
entity if the requirements cannot be met at their own facility.
12 NCAC 108 .0704 - Changes occur in this nde for structural purposes; also the amendments to the nde are as follows:
12 NCAC 108 .0704(a)(2)(C) - Tliis addition is to require the school director to schedule the required number of instnictors for
specific topic areas of the Detention Officer Certification Course.
12 NCAC 108 .0704(a)(6) - This change to the rule refers to the Detention Officer Certification Course Management Guide for
reference to required materials, etc. needed for the delivery of a course.
12 NCAC 108 .0704(b) - This addition defines how the school director is to be available.
12 NCAC 108 .0705(b)(3) - This addition requires a school director to attend a school director's orientation prior to the
delivery of a Detention Officer Certification Course.
12 NCAC 108 .0706(b)(1) and (2) and (3) - The rule changes are for structure; and paragraph (3) has been added to specif,'
that the school director needs to comply with the accreditation requirements.
12 NCAC 108 .0707 - The change authorizes the suspension, revocation or denial of a school director's cenification when the
school director has not complied with the terms and conditions in nde . 0706.
12 NCAC 108 .0801
12 NCAC 108 .0802 (b)(l)(2)(3); (c)(l)(2)(3)(4); (d)(l)(2); (e);(f);(g)(l)(2);(h)(l)(2) - All additions to this section of the
administrative code are in regard to the implementation of new accreditation standards.
12 NCAC 108 .0903(c) - This nde change requires all instmciors to remain knowledgeable in their specific area of certification
and to attend any curriculum updates.
12 NCAC 108 .0908(a)(2) - This nde change substitutes "Specialized Control Techniques" for "Unarmed Self-Defense" as the
block of instniction.
12 NCAC 108 .0908(b) - This nde change would require all limited lecturer instructors to possess current valid CPR
certification.
12 NCAC 108 .0908(b)(2) - This nde change is a deletion of language regarding "Unarmed Self-Defense" and is an addition of
the requirements for the new block of instruction "Specialized Control Techniques".
625 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
12 NCAC lOB .0909(b)(4) - This rule change would require the instructor to continuously possess valid CPR certification for
renewal purposes.
12 NCAC lOB . 0909(c)(4) - This rule change would require the instructor to continuously possess valid CPR certification for
renewal purposes.
12 NCAC lOB . 0910 - This rule change restricts the use of guest participants from assisting in blocks of instruction which
require limited lecturer certification.
12 NCAC lOB .0911(c)(2) - This rule change authorizes the denial, suspension, or revocation of an instructor's certification for
failing to attend and successfully complete any instructor training updates.
12 NCAC lOB .1002(a)(1) - This rule change would not allow a justice officer that is subject to suspension or revocation
proceedings to become eligible for a certificate program.
12 NCAC lOB .1002(a)(3) - This rule change would require a justice officer to be a full- time deputy sheriff in order to apply for
this certificate program.
12 NCAC lOB .1002(b) - This rule change would require a justice officer to be a full- time deputy sheriff in order to apply for
this certificate program
12 NCAC lOB .1002(b)(1) - This change clarifies what is acceptable as an education point toward the professional certificate
program for deputies.
12 NCAC lOB .1002(b)(2) - This change clarifies what is acceptable as a training point toward the professional certificate
program.
12 NCAC lOB .1002(b)(3) - This change clarifies what type of experience is acceptable for the professional certificate program.
12 NCAC lOB .1004(a) - This rule modification specifically spells out the types of degrees.
12 NCAC lOB .1004(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward
education points.
12 NCAC lOB .1005(a) - This rule modification specifically spells out the types of degrees.
12 NCAC lOB .1005(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward
education points.
12 NCAC lOB .1006(b) - This rule change clarifies what is acceptable as verification of education.
12 NCAC lOB .1006(c) - This rule change clarifies what is acceptable as verification of training.
12 NCAC lOB .1006(d) - This change clarifies the type of applicant's length of service that is acceptable for this program.
12 NCAC lOB .1006(e) - This change is in structure only.
12 NCAC lOB .1101- This rule change clarifies that the purpose of the service award program is to award service in North
Carolina only.
12 NCAC lOB .1102(a)(1) - This rule change would not allow a justice officer that is subject to suspension or revocation
proceedings to become eligible for a service award.
12 NCAC lOB . 1102(b) - This rule change would require a justice officer to be a full time justice officer in order to apply for
this service award program.
12 NCAC lOB .1103 - The partial deletion of this rule is to eliminate repetitious information.
12 NCAC lOB .1104 - The partial deletion of this rule is to eliminate repetitious information.
12 NCAC lOB .1105(b) - This rule change specifically indicates the type of applicant's length of service that is acceptable for
this program.
12 NCAC lOB .1202(a)(1) - This rule change would require a detention officer to be full time in order to apply for this
certificate program and would not allow a detention officer that is subject to suspension or revocation proceedings to become
eligible for certificate program.
12 NCAC 108 .1202(c)(1) - This rule change clarifies what is acceptable as an education point toward the professional
certificate program for detention officers.
12 NCAC 108 .1202(c)(2) - This rule change clarifies what is acceptable as training point toward the professional certificate
program for detention officers.
12 NCAC 108 .1202(c)(3) - This rule change specifically indicates the type of applicant's length of service that is acceptable for
this program.
12 NCAC 108 .1204(a) - This rule modification specifically spells out the types of degrees.
12 NCAC 108 .1204(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward
education points.
12 NCAC 108 .1205(a) - This rule modification specifically spells out the types of degrees.
12 NCAC 108 .1205(b) - This rule change specifies that correspondence or vocational courses shall not be credited toward
education points.
12 NCAC 108 .1206(b) - This rule change clarifies what is acceptable as verification of education
12 NCAC 108 .1206(c) - This rule change clarifies what is acceptable as verification of training.
12:8 NORTH CAROLINA REGISTER October 15, 1997 626
PROPOSED RULES
12 NCAC lOB .1206(d) - This rule change clarifies the type of applicant 's length of service that is acceptable for this program.
12 NCAC lOB .1206(e) - This is simply a structure change.
Comment Procedures: Please contact Barbara D. Moore with any questions or comments concerning this information.
Barbara D. Moore
NC Sheriffs ' Education and Training Standards Commission
PO Drawer 629
Raleigh, NC 27602
Fiscal Note: 772^5^ Rules do not affect the expenditures or revenues of state or local government funds. These Rules do not
have a substantial economic impact of at least five million dollars ($5,000,000) in a 12-month period.
CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION
SUBCHAPTER lOB - N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION
SECTION .0100 - COMMISSION ORGANIZATION AND PROCEDURES
.0101 LOCATION
The N.C. Sheriffs' Education and Training Standards Commission is established within the Department of Justice and is
located in the Rancy Building, on the rayciicvillc St r eet Mall Sam L Ervin. Jr. Justice Building at 114 Edenton Street in
Raleigh, North Carolina. The mailing address is:
North Carolina Sheriffs' Education and Training Standards Commission
Post Office Box 629
Raleigh, North Carolina 27602
Telephone (919) 733- 9 236 716-6460
Authority G.S. 17E.
.0107 PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS
(a) In addition to the procedures set out in G.S. 150B-17. 150B-4. Petitions for Declaratory Rulings shall be submitted to the
Commission and shall contain:
(1) petitioner's name, address and telephone number;
(2) the statute(s), rule(s) or both to which the request relates;
(3) all facts and information which are relevant to the request;
(4) a concise statement of the manner in which petitioner has been aggrieved;
(5) a draft of the Declaratory Ruling sought by petitioner (if specified outcome is sought by petitioner);
(6) practices likely to be affected by the Declaratory Ruling;
(7) a list or description of persons likely to be affected by the Declaratory Ruling; and
(8) a statement as to whether the petitioner desires to present oral argument (not to exceed 30 minutes) to the Commission
prior to its decision.
(b) The Commission shall ordinarily refuse to issue a Declaratory Ruling when:
(1) the petition does not comply with Paragraph (a) of this Rule;
(2) the Commission has previously issued a Declaratory Ruling on substantially similar facts;
(3) the Commission has previously issued a Final Agency Decision in a contested case on substantially similar facts;
(4) the facts underlying the request for a Declaratory Ruling were specifically considered at the time of the adoption of
the rule in question: or
(5) the subject matter of the request is involved in pending litigation.
Authority G.S. 150B-4.
SECTION .0200 - ENFORCEMENT RULES
.0202 SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS A
If the Commission finds that a violation has been committed by an agency or school, the Commission may: m
(1) issue an oral warning and request for compliance;
(2) issue a written warning and request for compliance:
627 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
(3) issue an official written reprimand;
(4) suspend and refuse to g r ant suspend, revoke, or deny accreditation to any school or program or course of instruction
until proper corrective measures have been taken to bring the agency or school into compliance with these Rules and
verification of such compliance has been made by the Commission; or
(5) sus p end and r efuse to g r ant suspend, revoke, or deny accreditation to any school or program or course of instruction
for a specific period of time to be determined b^^ Ae Commission's Probable Cause Committee; however, not to
exceed one year.
Authority G.S. 17E-4.
.0204 SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION
(a) The Commission shall revoke or deny the certification of a justice officer when the Commission finds that the applicant
for certification or the certified officer has committed or been convicted of:
(1) a felony; or
(2) a crime for which the authorized punishment could have been imprisonment for more than two years.
(b) The Commission shall revoke, deny, or suspend the certification of a justice officer when the Commission finds that the
applicant for certification or the certified officer:
(1) has not enrolled in and satisfactorily completed the required basic training course in its entirety within a time period
specified by the Commission; or
(2) fails to meet or maintain any of the minimum employment or certification standards required by 12 NCAC lOB .0300;
or
(3) fails to satisfactorily complete the minimum in-service training requirements as presented in 12 NCAC lOB .2000 and
.2100; or
(4) has refused to submit to the drug screen as required in 12 NCAC lOB .0301(6) or .0406(b)(4) or in cormection with
an application for or certification as a justice officer or a criminal justice officer as defined in 12 NCAC 9A .0103(6);
or
(5) has produced a positive result on any drug screen reported to the Commission as specified in 12 NCAC 108 .0410 or
reported to any commission, agency, or board established to certify, pursuant to said commission, agency, or boards'
standards, a person as a justice officer or a criminal justice officer as defined in 12 NCAC 9A .0103(6), unless the
positive result is explained to the Commission's satisfaction.
(c) The Commission may revoke, deny, or suspend the certification of a justice officer when the Commission finds that the
applicant for certification or certified justice officer:
(1) has knowingly made a material misrepresentation of any information required for certification or accreditation from
the Commission or the North Carolina Criminal Justice Education and Training Standards Commission; Commission.
This Rule shall also apply to obtaining or attempting to obtain in-service firearms requalification as required by 12
NCAC lOB .2000 and .2100; or
(2) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating
whatsoever, obtained or attempted to obtain credit, training or certification from the Commission or the North
Carolina Criminal Justice Education and Training Standards Commission; Commission. This Rule shall also apply to
obtaining or attempting to obtain in-service firearms requalification as required by \2 NCAC lOB .2000 and .2100; or
(3) has knowingly and designedly by any means of false pretense, deception, fraud, misrepresentation or cheating
whatsoever, aided another in obtaining or attempting to obtain credit, training, or certification from the Commission
or the North Carolina Criminal Justice Education and Training Standards Commission. This Rule shall also apply to
obtaining or attempting to obtain in-service firearms requalification as required by 12 NCAC lOB .2000 and .2100; or
(4) has been removed from office by decree of the Superior Court in accordance with the provisions of G.S. 128-16 or
has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230; or
(5) has been denied certification or had such certification suspended or revoked by the North Carolina Criminal Justice
Education and Training Standards Commission.
(d) The Commission may revoke, suspend or deny the certification of a justice officer when the Commission finds that the
applicant for certification or the certified officer has committed or been convicted of:
(1) a crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misdemeanor and which occurred after
the date of initial certification; or
(2) a crime or unlawful act defined in 12 NCAC lOB .0103(10)(b) as a Class B misdemeanor within the five-year period
prior to the date of appointment; or
(3) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(b) as Class B misdemeanors regardless of
the date of commission or conviction; or
12:8 NORTH CAROLINA REGISTER October 15, 1997 628
PROPOSED RULES
(4) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A misdemeanor, each of
which occurred after the date of initial certification; or
(5) four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A misdemeanor except the
applicant may shall be certified if the last conviction or commission occurred more than two years prior to the date of
appointment; or
(6) any combination of four or more crimes or unlawful acts defined in 12 NCAC lOB .0103(10)(a) as a Class A
misdemeanor or defined in 12 NCAC lOB .0103(I0)(b) as a Class B misdemeanor regardless of the date of
commission or conviction.
(e) Without limiting the application of G.S. 17E, a person who has had his certification suspended or revoked may not
exercise the authority or perform the duties of a justice officer during the period of suspension or revocation.
(f) Without limiting the application of G.S. 17E, a person who has been denied cenification may not be employed or
appointed as a justice officer or exercise the authority or perform the duties of a justice officer.
Authority G.S. 17E-7.
.0206 SUMMARY SUSPENSIONS: OR DENIALS
(a) The Commission ma>' summarily suspend or deny the certification of a justice officer or instructor when, in the opinion of
the Commission, the public health, safety, or welfare requires this emergency action of summary suspension or denial. The
Commission has determined that the following conditions specifically affect the public health, safety, or welfare and therefore it,
by and through the Director, shall utilize summary suspension or denial following a full investigation of the matter when:
(1) the applicant for certification or the certified justice officer has committed or been convicted of a violation of the
criminal code which would require a permanent revocation or denial of certification; or
(2) the justice officer has failed to comply with the training requirements of 12 NCAC lOB .0500 and .0600; or
(3) the certified justice officer fails to satisfactorily complete the minimum in-service training requirements as prescribed
in 12 NCAC lOB t^WBt .2100; or
£4} the applicant for certification has refused to submit to the drug screen as required jn 12 NCAC lOB .0301(6) or
.0406(c)(3) or in connection with an application for or certification as a justice officer or a criminal justice officer as
defined in 12 NCAC 9A .0103(6): or
(5) the applicant for certification or the certified officer has produced a positive result on any drug screen reported to the
Commission as specified in \2 NCAC lOB .0410 or reported to any commission, agency, or board established to
certify, pursuant to said commission, agency, or boards' standards, a person as a justice officer or a criminal justice
officer as defined in 12 NCAC 9A .0103(6). unless the positive result is explained to the Commission's satisfaction.
(b) Without limiting the application of Chapter 17E of the General Statutes of North Carolina, a person who has had his or
her certification summarily suspended or denied may not exercise the authority or perform the duties of a justice officer during
the period of suspension or denial.
Authority- G.S. 17E-8; 17E-9: 150B-3(cj.
SECTION .0300 - MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A
JUSTICE OFFICER
.0304 MEDICAL EXAMINATION
(a) Each applicant shall com p lete complete, sign and date the Commission's Medical History Statement Form (F-1) and shall
be examined by a physician or surgeon licensed in North Carolina to help determine his/her fitness in carrying out the physical
requirements of the position of de p uty she r iff o r detention office r , justice officer. The examining p hysician shall r ead and sign
the r-2A fo r m attached to the Medical Examination Re p o r t Fo r m (r-2) pr io r to beginning the examination. The examining
p hysician shall r eco r d the r esults of the examination on the Medical Examination Re p ort Fo r m (r-2) and sign and date the fo r m.
The r-2 form shall be valid one yea r f r om the date the Medical Examination was com p leted and signed by the p hysician. The
p hysical examination shall be conducted and the Medical Examination Re p o r t Form (r-2) and the Medical Histo r y Statement
Fo r m (F-l) shall be com p leted pr io r to whicheve r of the following occu r s fi r st :
t+) the a pp licant's beginning the Detention Oft'icc r Ce r tification Cou r se o r the Basic Law Enfo r cement T r aining Cou r se;
or
(^ the a pp licant's a pp lying to the Commission fo r ce r tification.
lb] Prior to conducting the examination, the physician shall:
(1) read the "Medical Screening Guidelines Implementation Manual for Certification of Justice Officers" in the State of
North Carolina as published by the North Carolina Department of Justice. Copies of this publication may be obtained
at no cost at the time of the adoption of this Rule by contacting the North Carolina Department of Justice, Sheriffs'
629 NORTH CAROLINA REGISTER October 15, 1997 12:8
i
PROPOSED RULES
Standards Division. PO Box 629. Raleigh. NC 27602: and
(2) read, sign, and date the Medical History Statement Form (F-l): and
(3) read the F-2A Form attached to the Medical Examination Report Form (F-2).
(c) The examining physician shall record the results of the examination on the Medical Examination Report Form (F-2) and
sign and date the form.
(d) The Medical Examination Report Form (F-2) and the Medical History Statement Form (F-l) shall be valid one year from
the date the examination was conducted and shall be completed prior to whichever of the following occurs first:
(1) the applicant's beginning the Detention Officer Certification Course, the Basic Law Enforcement Training Course, or
the Te 1 ec ommunic ator Certification Course: or
(2) the applicant's applying to the Commission for certification.
fb) {ei Although not presently required by these Rules, it is recommended by the Commission that each candidate for the
position of justice officer be examined by a licensed psychiatrist or clinical psychologist, or be administered a psychological
evaluation test battery, to determine his/her suitability to perform the essential job functions of a justice officer.
Authority G.S. 17E-7.
SECTION .0500 - MINIMUM STANDARDS OF TRAINING FOR DEPUTY SHERIFFS
.0505 EVALUATION FOR TRAINING WAIVER
(a) The Division staff shall evaluate each deputy's training and experience to determine if equivalent training has been
satisfactorily completed as specified in 12 NCAC lOB .0504(a). Applicants for certification with prior law enforcement
experience shall have been employed and certified in a sworn law enforcement position in order to be considered for training
evaluation under this Rule. The following rules shall be used by Division staff in evaluating a deputy's training and experience
to determine eligibility for a waiver of training.
(1) Persons who separated from a sworn law enforcement position during their probationary period after having
completed a commission-accredited Basic Law Enforcement Training Course and who have been separated from a
sworn law enforcement position for one year or less shall serve the remainder of the initial probationary period in
accordance with G.S. 17E-7(b), but need not complete an additional training program.
(2) Persons who separated from a sworn law enforcement position during their probationary period without having
completed Basic Law Enforcement Training, or whose certification was suspended pursuant to 12 NCAC lOB
.0204fb)(l), and who have remained separated or suspended for over one year shall complete a commission-accredited
Basic Law Enforcement Training Course in its entirety and successfully pass the State Comprehensive Examination,
and shall be allowed a 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(3) Out-of-state transferees shall be evaluated to determine the amount and quality of their training and experience.
Out-of-state transferees:
(A) shall have a minimum of two years full-time sworn law enforcement experience;
(B) shall not have a break in service exceeding two years; and
(C) shall have successfully completed the Basic Law Enforcement Training Course accredited by the state from
which he/she is transferring. Out-of-state transferees meeting these requirements shall successfully complete a
commission-accredited Basic Law Enforcement Training Course which includes the following topics of North
Carolina law and procedure and successfully pass the State Comprehensive Examination in its entirety within
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(i) Laws of Arrest, Search and Seizure
(ii) Elements of Criminal Law
(iii) Juvenile Laws and Procedures
(iv) Controlled Substances
(v) ABC Laws and Procedures
(vi) Motor Vehicle Laws
(vii) Civil Process
(viii) Supplemental Custody Procedures
TOTAL HOURS 1 10 hours
(4) Persons previously holding Grandfather law enforcement certification in accordance with G.S. 17C-10(a) or G.S.
17E-7(a) who have been separated from a sworn law enforcement position for more than one year and who have not
previously completed a minimum Basic Law Enforcement Training Course accredited by the North Carolina Criminal
Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training
12:& NORTH CAROLINA REGISTER October 15, 1997 630
16 hours
24 hours
8 hours
6 hours
4 hours
20 hours
24 hours
8 hours
PROPOSED RULES
Standards Commission shall be required to complete a commission-accredited Basic Law Enforcement Training
Course in its entirety and successfully pass the State Comprehensive Examination within the 12 month probationary
period as prescribed m 12 NCAC lOB .0503(a).
(5) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the North
Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July I, 1973
and continuing through September 30, 1978 and who have been separated from a sworn law enforcement position for
more than one year but no more than two years shall be required to complete the following portions of a
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Juvenile Law and Procedures 8 hours
(B) Laws of Arrest, Search and Seizure 16 hours
(C) Elements of Criminal Law 24 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Law Enforcement Driver Training 16 hours
(H) Civil Process 24 hours
(I) Supplemental Custody Procedures 8 hours
TOTAL HOURS 126 hours
(6) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the North
Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973
and continuing through September 30, 1978 and who have been separated from a sworn law enforcement position for
more than two years shall be required to complete a commission-accredited Basic Law Enforcement Training Course
in its entirety regardless of training and experience and successfully pass the State Comprehensive Examination within
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(7) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the North
Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' Education
and Training Standards Commission under guidelines administered beginning October 1, 1978 and continuing through
September 30, 1984 and who have been separated from a sworn law enforcement position for over one year but no
more than three years shall be required to complete the following portions of a commission-accredited Basic Law
Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(8) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the North
Carolina Crimmal Justice Education and Trainmg Standards Commission and the North Carolina Sheriffs' Education
and Training Standards Commission under guidelines administered beginning October 1, 1978 and continuing through
September 30, 1984 and who have been separated from a sworn law enforcement position for more than three years
shall be required to complete a commission-accredited Basic Law Enforcement Training Course in its entirety
regardless of prior training and experience and successfully pass the State Comprehensive Examination within the 12
month probationary period as prescribed in 12 NCAC lOB .0503(a).
(9) Persons who have completed a minimum 381 hour Basic Law Enforcement Training Course accredited by the North
Carolina Sheriffs' Education and Training Standards Commission under guidelines administered beginning October 1,
1984 and ending December 31, 1988 and who have been separated from a sworn law enforcement position for over
one year but no more than three years shall be required to complete the following portions of a commission-accredited
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12
month probationar\' period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
631 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
24 hours
8 hours
6 hours
4 hours
20 hours
24 hours
8 hours
(B) Elements of Criminal Law
(C) Juvenile Laws and Procedures
(D) Controlled Substances
(E) ABC Laws and Procedures
(F) Motor Vehicle Laws
(G) Civil Process
(H) Supplemental Custody Procedures
TOTAL HOURS 1 10 hours
(10) Persons transferring to a sheriff's department from another law enforcement agency who hold certification issued by
the North Carolina Criminal Justice Education and Training Standards Commission and who have previously
completed a commission-accredited Basic Law Enforcement Training Course beginning on or after October 1, 1984
and who have been separated from a sworn law enforcement position for no more than one year or who have had no
break in service shall be required to complete the following enumerated topics of a commission-accredited Basic Law
Enforcement Training Course and successfully pass that portion of the State Comprehensive Examination which deals
with those subjects within 12 months of the date of appointment as defined in 12 NCAC lOB .0103(1).
(A) Civil Process 24 hours
(B) Supplemental Custody Procedures 8 hours
TOTAL HOURS 32 hours
(11) Persons who have completed a minimum 369-hour Basic Law Enforcement Training Course accredited by the North
Carolina Criminal Justice Education and Training Commission under guidelines beginning October 1, 1984 and ending
July 1, 1989 and who have been separated from a sworn law enforcement position for over one year but no more than
three years shall be required to complete the following portions of a commission-accredited Basic Law Enforcement
Training Course and successfully pass the State Comprehensive Examination within the 12 month probationary period
as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(12) Persons who have completed a minimum 422-hour Basic Law Enforcement Training Course accredited by the North
Carolina Sheriffs Education and Training Standards Commission under the guidelines administered beginning January
1, 1989 and ending February 1, 1991 and who have been separated from a sworn law enforcement position for over
one year but no more than three years shall be required to complete the following portions of a commission-accredited
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12
month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(13) Persons who have previously completed a minimum 410-hour Basic Law Enforcement Training Course accredited by
the North Carolina Criminal Justice Education and Training Standards Commission under guidelines administered
beginning July 1, 1989 and ending February 1, 1991 and who have been separated from a sworn law enforcement
position for over one year but no more than three years shall be required to complete the following portions of a
12:8 NORTH CAROLINA REGISTER October 15, 1997 632
PROPOSED RULES
commission-accredited Basic Law Enforcement Training Course and successfully pass the Slate Comprehensive
Examination within the 12 monA probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(14) Persons who have completed a minimum 444-hour Basic Law Enforcement Training Course accredited by the North
Carolina Sheriffs' Education and Training Standards Commission under the guidelines administered begirming
February 1, 1991 and ending January 1, 1996 and who have been separated from a sworn law enforcement position
for over one year but no more than three years shall be required to complete the following portions of a
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 1 10 hours
(15) Persons who have previously completed a minimum 432-hour Basic Law Enforcement Training Course accredited by
the North Carolina Criminal Justice Education and Training Standards Commission under guidelines administered
beginning February 1, 1991 and who have been separated from a sworn law enforcement position for over one year
but no more than three years shall be required to complete the following portions of a commission-accredited Basic
Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
TOTAL HOURS 110 hours
(16) Persons who have completed training as a federal law enforcement officer and are appointed as a deputy sheriff in
North Carolina shall be required to complete a commission-accredited Basic Law Enforcement Training Course in its
entirety regardless of previous federal training and experience and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(17) Persons out of the law enforcement profession for over three years regardless of prior training or experience shall
complete a commission-accredited Basic Law Enforcement Training Course in its entirety and successfully pass the
State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(18) Wildlife Enforcement Officers who completed the Basic Law Enforcement Training Course prior to September 30,
1985 and are sworn as justice officers shall be subject to the evaluation rules as stated in 12 NCAC lOB .0505(a)(1)
and (a)(4) through (11).
(19) Wildlife Enforcement Officers who separate from employment with the Wildlife Enforcement Division and have less
than one year break in service, who transfer to a Sheriff's Department in a sworn capacity, and who completed their
Basic Training after September 30, 1985 shall complete the following blocs of instruction and pass the state exam in
633 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
4 hours
2 hours
4 hours
12 hours
6 hours
8 hours
24 hours
8 hours
its entirety within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Crime Prevention Techniques
(B) Mechanics of Arrest: Custody Procedure
(C) Mechanics of Arrest: Processing Arrestee
(D) Special Populations
(E) Techniques of Traffic Law Enforcement
(F) Dealing with Victims and the Public
(G) Civil Process
(H) Supplemental Custody Procedures
TOTAL HOURS 68 hours
(20) Wildlife Enforcement Officers who completed Basic Law Enforcement Training on or after September 30, 1985 and
have been out of a sworn position over one year but no more than three years, and are sworn as a justice officer must
complete the following blocs of instructions and pass the state exam in its entirety during their probationary period as
prescribed in 12 NCAC lOB .0503 (a).
(A) Laws of Arrest Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Crime Prevention Techniques 4 hours
(H) Mechanics of Arrest: Custody Procedures 2 hours
(I) Mechanics of Arrest: Processing Arrestees 4 hours
(J) Special Populations 12 hours
(K) Techniques of Traffic Law Enforcement 6 hours
(L) Dealing with Victims and the Public 8 hours
(M) Civil Process 24 hours
(N) Supplemental Custody Procedures 8 hours
TOTAL HOURS 146 hours
(21) Alcohol Law Enforcement Officers who completed the Basic Law Enforcement Training Course prior to April 1,
1983 or after November 1, 1993, and are sworn as a justice officer shall be subject to the evaluation rules as
prescribed in 12 NCAC lOB .0505(a)(3) through (8) and (a)(14), (15) and (24).
(22) Alcohol Law Enforcement Officers who separate from employment with the Alcohol Law Enforcement Division and
have less than a one year break in service, who transfer to a Sheriff's Department in a sworn capacity, and who
completed their Basic Training administered beginning April 1, 1983 and ending November 1, 1993 shall complete the
following blocs of instruction and pass the state comprehensive exam in its entirety within the 12 month probationary
period as prescribed in 12 NCAC lOB .0503(a).
(A) Law Enforcement Communication and Information Systems 4 hours
(B) Patrol Techniques 16 hours
(C) Crime Prevention Techniques 4 hours
(D) Mechanics of Arrest: Vehicle Stops 6 hours
(E) Mechanics of Arrest: Custody Procedures 2 hours
(F) Mechanics of Arrest: Processing Arrestee 4 hours
(G) Special Populations 12 hours
(H) Interviews: Field and In-Custody 8 hours
(I) Motor Vehicle Law 20 hours
(J) Techniques of Traffic Law Enforcement 6 hours
(K) Dealing with Victims and the Public 8 hours
(L) Civil Process 24 hours
(M) Supplemental Custody Procedures 8 hours
TOTAL HOURS 122 hours
(23) Alcohol Law Enforcement Officers who completed their Basic Training administered beginning April 1, 1983 and
ending November 1 , 1993 and are sworn as a justice officer and who have been out of a sworn position for over one
12:8 NORTH CAROLINA REGISTER October 15, 1997 634
PROPOSED RULES
year but no more than three years shall complete the following blocs of instruction and pass the state examination in
its entirety during their one year probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure
(B) Elements of Criminal Law
(C) Juvenile Laws and Procedures
(D) Controlled Substances
(E) ABC Laws and Procedures
(F) Law Enforcement Communication and Information Systems
(G) Patrol Techniques
(H) Crime Prevention Techniques
(I) Mechanics of Arrest: Vehicle Stops
(J) Mechanics of Arrest: Custody Procedures
(K) Mechanics of Arrest: Processing Arrestee
(L) Special Populations
(M) Interviews: Field and In-Custody
(N) Motor Vehicle Law
(O) Techniques of Traffic Law Enforcement
(P) Dealing with Victims and the Public
(Q) Civil Process
(R) Supplemental Custody Procedures
TOTAL HOURS 180 hours
(24) Persons who have previously completed a minimum 472-hour Basic Law Enforcement Training Course accredited by
the North Carolina Sheriffs' Education and Training Standards Commission, under the guidelines administered
beginning January 1, 1996 and who have been separated from a sworn law enforcement position for over one year but
no more than three years shall be required to complete the following portions of a commission-accredited Basic Law
Enforcement Training Course and successfully pass the State Comprehensive Examination with the 12 month
probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
16 hours
24 hours
8 hours
6 hours
4 hours
4 hours
16 hours
4 hours
6 hours
2 hours
4 hours
12 hours
8 hours
20 hours
6 hours
8 hours
24 hours
8 hours
TOTAL HOURS 110 hours
(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior training
and experience determines that required attendance in the entire Basic Law Enforcement Training Course would be impractical,
the director is authorized to exercise his/her discretion in determining the amount of training those persons shall complete during
their probationary period.
Authorin- G.S. 17E-4; 17E-7.
SECTION .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION OFFICERS
.0601 DETENTION OFFICER CERTIFICATION COURSE
(a) This Section establishes the current standard by which Sheriffs' Department and district confinement personnel shall
receive detention officer training. These Rules will serve to raise the level of detention officer
training heretofore available to law enforcement officers across the state. The Detention Officer Certification Course shall
consist of a minimum of +46 146 hours of instruction designed to provide the trainee with the skills and knowledge necessary to
perform those tasks considered essential to the administration and operation of a confinement facility.
(b) Each Detention Officer Certification Course shall include the following identified topic areas and approximate minimum
instructional hours for each area:
(1) Orientation 2 hours
(2) Criminal Justice System 3 hours
635 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
19 hours
6 hours
5 hours
10 hours
5 hours
5 hours
2 hours
5 hours
5 hours
2 hours
2 hours
9 hours
24 hours
4 hours
6 hours
12 hours
6 hours
4 hours
7 hours
3 hours
(3) Legal Aspects of Management & Supervision
(4) Contraband/Searches
(5) Processing Inmates
(6) First Aid & CPR
(7) Medical Care in the Jail
(8) Patrol & Security Functions of the Jail
(9) Key and Tool Control
(10) Supervision & Management of Inmates
(11) Suicides & Crisis Management
(12) Introduction to Rules & Regulations Governing Jails
(13) Stress
(14) Investigative Process in the Jail
(15) Una r med Sclf-Dcfcnse Specialized Control Techniques
(16) Special Populations
(17) Transportation of Irmiates
(18) Fire Emergencies
(19) Fingerprinting and Photographing Arrestees
tW) (20) Physical Assessment
(20) £211 Review/Testing
(2+) (22) State Comprehensive Examination
TOTAL HOURS i4e 146 hours
(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a standardized test shall be
administered to each trainee within the first two weeks of the Detention Officer Certification Course, and the reading grade level
reported as a part of the trainee's official training records. The school director shall determine the test instrument to be used.
(d) Consistent with the curriculum development policy of the Commission, the Commission shall designate the developer of
the Detention Officer Certification Course curricula and such designation shall be deemed by the Commission as approval for
the developer to conduct pilot Detention Officer Certification Courses. Individuals who successfully complete such a pilot
Detention Officer Certification Course offering shall be deemed to have successfully complied with and satisfied the minimum
training requirement.
(e) The "Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy is hereby
incorporated by reference and shall automatically include any later amendments and editions of the incorporated matter to apply
as the basic curriculum for the Detention Officer Certification Course. Copies of this manual may be obtained by contacting the
North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of this manual is forty
dollars ($40.00) at the time of adoption of this Rule.
(f) The "Detention Officer Certification Course Management Guide" as published by the North Carolina Justice Academy is
hereby incorporated by reference and shall automatically include any later amendments, editions of the incorporated matter to be
used by certified school directors in plarming, implementing and delivering basic detention officer training. The standards and
requirements established by the "Detention Officer Certification Course Management Guide" must be adhered to by the certified
school director. Each certified school director shall be issued a copy of the guide at the time of certification at no cost to the
accredited school.
Authority G.S. 17E-4(a).
.0603 EVALUATION FOR TRAINING WAIVER
(a) Applicants for certification with prior detention or correctional officer experience shall have been employed and certified
as a detention or correctional officer in order to be considered for a training evaluation under this Rule. The following rules
shall be used by division staff in evaluating a detention officer's training and experience to determine eligibility for a waiver of
training:
( 1 ) Persons who have separated from a detention officer position during the probationary period after having completed a
commission-accredited detention officer training course and who have been separated from a detention officer position
for more than one year shall complete a subsequent commission-accredited detention officer training course in its
entirety and successfully pass the State Comprehensive Examination within the 12 month probationary period as
described in 12 NCAC lOB .0602(a).
(2) Persons who separated from a detention officer position during their probationary period after having completed a
commission-accredited detention officer training course and who have been separated from a detention officer position
12:8 NORTH CAROLINA REGISTER October 15, 1997 636
PROPOSED RULES
for one year or less shall serve the remainder of the initiaJ probationary period in accordance with G.S. 17E-7(b), but
need not complete an additional training program.
(3) Persons who separated from a detention officer position during the probationary period without having completed a
detention officer training course or whose certification was suspended pursuant to 12 NCAC lOB .0204(b)(1) and who
have remained separated or suspended for over one year shall complete a commission-accredited detention officer
training course in its entirety and successfully pass the State Comprehensive Examination, and shall be allowed a 12
month probationary period as prescribed in 12 NCAC lOB .0602(a).
(4) Persons holding General Detention Officer Certification who have completed a commission-accredited detention
officer training course and who have separated from a detention officer position for more than one year shall complete
a subsequent commission-accredited detention officer training course in its entirety and successfully pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0602(a).
(5) Persons holding Grandfather Detention Officer Certification who separate from a detention officer position and remain
separated from a detention officer position for more than one year shall be required to complete a
commission-accredited detention officer training program in its entirety and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC 108 .0602(a).
(6) Persons transferring to a sheriff's department from another law enforcement agency who hold a detention officer
certification issued by the North Carolina Criminal Justice Education and Training Standards Commission shall be
subject to evaluation of their prior training and experience on an individual basis. The Division staff shall determine
the amount of training required of these applicants.
(7) Persons holding general certification as a correctional officer issued by the North Carolina Criminal Justice Education
and Training Standards Commission and who:
(A) completed training as a correctional officer after January 1, 1981; and
(B) transfer to a sheriff's department or a district confinement facility in a detention officer position; and
(C) have had less than a one year break in service, or no break in service, shall serve a 12-month probationary
period as prescribed in 12 NCAC lOB .0602(a) and shall complete the following topic areas in a commission-
accredited detention officer certification course and take the state examination in its entirety during that
probationary period:
(i) Orientation 2 hours
(ii) Legal Aspects of Jail Management & Supervision 19 hours
(iii) Medical Care in the Jail 5 hours
(iv) Investigative Process in the Jail 9 hours
(v) Suicides and Crisis Management 5 hours
(vi) Introduction to Rules and Regulations Governing Jail Facilities 2 hours
(vii) Fire Emergencies in the Jail 12 hours
TOTAL HOURS 54 hours
(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior training
and experience determines that required attendance in the entire Detention Officer Training Course would be impractical, the
director is authorized to exercise his/her discretion in determining the amount of training those persons shall complete during
their probationary period.
Authority G.S. 17E-4; 17E-7.
.0605 COMPLETION OF DETENTION OFFICER CERTIFICATION COURSE
(a) Each delivery of an accredited "Detention Officer Certification Course" is considered to be a unit as set forth in 12
NCAC lOB .0601. Each trainee shall attend and satisfactorily complete a full course during a scheduled delivery. The school
director may develop supplemental rules as set forth in 12 NCAC lOB .0704(a)(7), but may not add substantive courses, or
change or expand the substance of the courses set forth in 12 NCAC lOB .0601. This Rule does not prevent the instruction on
local agency rules or standards but such instruction shall not be considered or endorsed by the Commission for purposes of
certification. The Director may issue prior written authorization for a specified trainee's limited enrollment in a subsequent
delivery of the same course where the school director provides evidence that:
(1) The trainee attended and satisfactorily completed specified class hours and topics of the "Detention Officer
Certification Course" but through extended absence occasioned by illness, accident, or emergency was absent for
more than 10 percent of the total class hours of the course offering; or
(2) The trainee was granted excused absences by the school director that did not exceed ten percent of the total class hours
for the course offering and the school director could not schedule appropriate make-up work during the current course
offering as specified in 12 NCAC lOB .0604(c) due to valid reasons; or
637 NORTH CAROLINA REGISTER October 15, 1997 12:8
i
PROPOSED RULES
(3) The trainee participated in an offering of the "Detention Officer Certification Course" but had an identified deficiency
in essential knowledge or skill in either one, two or three, but no more than three, of the specified topic areas
incorporated in the course content as prescribed under 12 NCAC lOB .0601(b).
(b) An authorization of limited enrollment in a subsequent course delivery may not be used by the Director unless in addition
to the evidence required by Paragraph (a) of this Rule:
(1) The trainee submits a written request to the Director, justifying the limited enrollment and certifying that the trainee's
participation shall be accomplished pursuant to Paragraph (c) of this Rule; and
(2) The school director of the previous school offering submits to the director a certification of the particular topics and
class hours attended and satisfactorily completed by the trainee during the original enrollment.
(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the
"Detention Officer Certification Course" commencing within 120 calendar days from the last date of trainee participation in
prior course delivery, but only if the trainee's enrollment with active course participation can be accomplished within the period
of the trainee's probationary certification:
(1) The trainee need only attend and satisfactorily complete those portions of the course which were missed or identified
by the school director as areas of trainee deficiency in the proper course participation.
(2) Following proper enrollment in the subsequent course offering, scheduled class attendance and active participation
with satisfactory achievement in the course, the trainee would be eligible for administration of the State
Comprehensive Examination by the Commission and possible certification of successful course completion.
(3) A trainee shall be enrolled as a limited enrollee in only one subsequent course offering within the 120 calendar days
from the last date of trainee participation in prior course delivery. A trainee who fails to successfully complete those
limited portions of the course after one retest will be required to enroll in an entire delivery of the Detention Officer
Certification Course.
(d) A trainee who is deficient in four or more subject-matter or topical areas at the conclusion of the course delivery shall
complete a subsequent program in its entirety.
Authority G.S. 17E-4; 17E-7.
SECTION .0700 - MINIMUM STANDARDS FOR JUSTICE OFFICER SCHOOLS AND TRAINING PROGRAMS
OR COURSES OF INSTRUCTION
.0702 ADMINISTRATION OF JUSTICE OFFICER SCHOOLS
The rules covering the administration of Criminal Justice Schools and training programs or courses of instruction, codified as
Title 12, Subchapter 9B, Section .0200 of the North Carolina Administrative Code, effective and previously adopted by the
North Carolina Criminal Justice Education And Training Standards Commission are hereby incorporated by reference and shall
automatically include any later amendments and editions of the incorporated material to apply to actions of the North Carolina
Sheriffs' Education and Training Standards Commission with the exception of the Detention Officer Certification Course.
Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North Carolina
Department of Justice, 1 West Mo r gan St r eet, Post Office Drawer 149, Raleigh, NC 27602.
Authority G.S. 17E-4.
.0703 ADMINISTRATION OF DETENTION OFFICER CERTIFICATION COURSE
(a) The executive officer or officers of the institution or agency sponsoring a Detention Officer Certification Course shall
have primary responsibility for implementation of these rules and standards and for administration of the school.
(b) The executive officers shall designate a compensated staff member who is certified by the Commission who may apply to
be the school director. No more than two school directors shall be certified at each accredited institution/agency to deliver a
Detention Officer Certification Course. The school director shall have administrative responsibility for planning scheduling,
presenting, coordinating, reporting, and generally managing each sponsored detention officer certification cou r se, course and
shall be readily available at aO times during course delivery as specified in 12 NCAC lOB .0704(b).
(c) The executive officers of the institution or agency sponsoring the Detention Officer Certification Course shall:
(1) acquire and allocate sufficient financial resources to provide commission-certified instructors and to meet other
necessary program expenses;
(2) provide adequate secretarial, clerical, and other supportive staff assistance as required by the school director;
(3) provide or make available suitable facilities, equipment, materials, and supplies for comprehensive and qualitative
course delivery, as required in the "Detention Officer Certification Course Management Guide" and specifically
including the following:
12:8 NORTH CAROLINA REGISTER October 15, 1997 638
PROPOSED RULES
(A) a comfortable, well-lighted and ventilated classroom with a seating capacity sufficient to accommodate all
attending trainees;
(B) audio-visual equipment and other instructional devices and aids necessary and beneficial to the delivery of
effective training;
(C) a library for trainees' use covering the subject matter areas relevant to the training course, maintained in
current status and having sufficient copies for convenient trainee access;
(D) Whe r e r equi r ed by course content, pr ovide o r make available facilities, equi p ment, and su pp lies to pr ovide
training in p hysical and moto r -skill exe r cises such as handling disru p tive p eo p le, CPR, handling fire
eme r gencies and cell sea r ches, a suitable area designated for instruction of specialized control techniques
which enables the safe execution of the basic detention officer specialized control techniques topic area, with
the followin g specifications:
(ij 30 square feet of floor space per student during the practical exercise portion of this topic area and while
testing trainees' proficiency in performing the required maneuvers: and
(ii) one instructor for every 10 students during the practical exercise portion of this topic area and while
testing trainees' proficiency in performing the required maneuvers: and
(iii) restrooms and drinking water within 100 yards of the training site: and
(iv) telephone or radio communication immediately available on site:
(E) an area designated for use as a jaii ceil for performing the practical exercises in the topic area entitled
"Contraband Searches". If a county j ail cell is unavailable, a simulated jail cell is acceptable provided it is built
to tlie same specifications required by the Department of Human Resources with regards to size:
(F) a suitable area designated for fire emergencies instruction which enables the safe execution of the lesson plan as
follows:
tij a well-ventilated, open area which allows for the setting and putting out of a fire: and
(ii) restrooms and drinking water within 100 yards of tlie training site: and
(iii) telephone or radio communication immediately available on site: and
(iv) one instructor for every 10 students during the practical exercise portion of this training:
(G) a suitable area designated for physical assessment of the detention officer trainees to include:
iiX an appropriate area for running, weight lifting and other exercises performed during the assessment
which provides a minimum of 20 square feet per trainee during the performance of the exercises required
in tlie assessment: and
(ii) restrooms and drinking water within 100 yards of the training site: and
(iii) telephone or radio communication immediately available on site: and
(iv) shower facilities, rf physical assessment is performed prior to classroom training: and
(v) one instructor for every 10 students during the performance of the actual assessment:
(H) a suitable area designated for instruction in first aid and CPR techniques which provides a minimum of 20
square feet per trainee during the practical exercise portion and testing for proficiency in administering CPR.
There must also be one instructor for every 10 students during the practical exercise portion and proficiency
testing in administering CPR.
(4) In the event that an institution or agency does not own a facility as required in this Section, written agreements with
other entities must be made to assure use of and timely access to such facilities. A copy of such agreement must
accompany the originating institution or agency "Pre-Delivery Report" (Form F7-A) when submitted to the Division.
Authority G.S. 17E-4.
.0704 RESPONSIBILITIES: SCHOOL DIRECTORS
(a) In planning, developing, coordinating, and delivering each commission accredited Detention Officer Certification Course,
the school director shall:
(1) Formalize and schedule the course curriculum in accordance with the curriculum standards established by the
Commission.
(a) (A) The Detention Officer Certification Course shall be presented with a minimum of 40 hours of instruction
each week during consecutive calendar weeks until course requirements are completed.
ihi (B} In the event of exceptional or emergency circumstances, the Director may, upon written finding of
justification, grant a waiver of the minimum hours requirement.
(2) Select and schedule qualified instructors who are properly certified by the Commission. The selecting and scheduling
of instructors is subject to special requirements as follows:
ffr) £A} No single individual may be scheduled to instruct more than 35 percent of the total hours of the curriculum
during any one delivery except as set forth in Part (a)(2)(B) of this Rule.
639 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
(b) £8} Where the school director shows exceptional or emergency circumstances and the school director
documents that an instructor is qualified to instruct more than 35 percent of the total hours of the curriculum,
the Director of the Division may grant written approval for the expansion of the individual instructional
limitation.
(C) Schedule appropriate number of instructors for specific topic areas as required in 12 NCAC lOB .0703.
(3) Provide each instructor with a commission-approved course outline and all necessary additional information
concerning the instructor's duties and responsibilities.
(4) Review each instructor's lesson plans and other instructional materials for conformance to established commission
standards and to minimize repetition and duplication of subject matter.
(5) Permanently maintain records of all Detention Officer Certification Courses sponsored or delivered by the school,
reflecting:
fa) £A1 Course title;
fb) £B) Delivery hours of course;
fe) (C] Course delivery dates;
fd) (D) Names and addresses of instructors utilized within designated subject-matter areas;
fe) {Ei A roster of enrolled trainees, showing class attendance and designating whether each trainee's course
participation was successful or imsuccessful including individual test scores indicating each trainee's proficiency
in each topic area and methods or instruments;
tf) £FJ Copies of all rules, regulations and guidelines developed by the school director;
fg) iG) Documentation of any changes in the initial course outline, including substitution of instructors; and
fh) £HJ Documentation of make-up work achieved by each individual trainee, including test scores and methods or
instruments.
(6) Arrange for the timely availability of appropriate audiovisual aids and materials, publications, facilities and equipment
for training in all topic a r eas, areas as required in the "Detention Officer Certification Course Management Guide".
(7) Develop, adopt, reproduce, and distribute any supplemental rules, regulations, and requirements determined by the
school to be necessary or appropriate for:
(a) £A) Effective course delivery;
(b) £B} Establishing responsibilities and obligations of agencies or departments employing course trainees; and
te) £Q Regulating trainee participation and demeanor and ensuring trainee attendance and maintaining
performance records.
A copy of such rules, regulations and requirements shall be submitted to the Director as an attachment to the
Pre-Delivery Report of Training Course Presentation, Form F-7A. A copy of such rules shall also be given to
each trainee and to the sheriff of each trainee's employing agency at the time the trainee eiu'olls in the course.
(8) If appropriate, recommend housing and dining facilities for trainees.
(9) Not less than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of
Training Course Presentation (Form F-7A) along with the following attachments:
fa) lA} A comprehensive course schedule showing arrangement of topical presentations and proposed instructional
assigimients;
tb) (B} A copy of any rules, regulations, and requirements for the school and, when appropriate, completed
applications for certification of instructors.
The Director shall review the submitted Pre-Delivery Report together with all attachments to ensure that the
school is in compliance with all commission mandated rules and regulations; if school's rules are found to be in
violation, the Director shall notify the school director of deficiency, and approval will be withheld imtil all
matters are in compliance with the Commissions' rules.
(10) Administer the course delivery in accordance with commission-approved procedures, guidelines, and standards and
ensure that the training offered is as effective as possible.
(11) Monitor or designate a certified instructor to monitor the presentations of all probationary instructors during course
delivery and prepare formal written evaluations on their performance and suitability for subsequent instructional
assignments. These evaluations shall be prepared on commission forms and forwarded to the Division at the
conclusion of each delivery. Based on this evaluation the school director shall have the added responsibility for
recommending approval or denial of requests for Detention Officer Instructor Certification, Limited Lecturer
Certification or Professional Lecmrer Certification.
(12) Monitor or designate a certified instructor to monitor the presentations of all other instructors during course delivery
and prepare formal written evaluations on their performance and suitability for subsequent instructional assignments.
Instructor evaluations shall be prepared on commission forms in accordance with commission standards. These
evaluations shall be kept on file by the school for a period of three years and shall be made available for inspection by
12:8 NORTH CAROLINA REGISTER October 15, 1997 640
PROPOSED RULES
a representative of the Commission upon request.
(13) Ensure that any designated certified instructor who is evaluating the instructional presentation of another shall, at a
minimum, hold certification in the same instructional topic area as that being taught.
(14) Administer or designate a person to administer appropriate tests as determined necessary at various intervals during
course delivery.
(15) Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the
plaiming, development, presentation, or administration of a course has been delegated.
(16) During a delivery of the Detention Officer Certification Course, make available to authorized representatives of the
Commission three hours of scheduled class time and classroom facilities for the administration of a written
examination to those trainees who have satisfactorily completed all course work.
(17) Not more than ten days after receiving from the Commission's representative the Report of Examination Scores, the
school director shall submit to the Commission a Post-Delivery Report of Training Course Presentation (Form 7-B).
(b) In addition to the requirements in Xl NCAC lOB .0704(a). the school director shall be readily available to students and
Division staff at ah times during course delivery b^^ telephone, pager, or other means. The means, and applicable numbers,
shall be filed with the accredited training delivery site and the Division prior to the begirming of a scheduled course delivery.
Authorin- G.S. I7E-4.
.0705 CERTIFICATION: SCHOOL DIRECTORS
(a) Any person designated to act as, or who performs the duties of. a school director in the delivery or presentation of a
commission-accredited detention officer training course shall be and continuously remain certified by the Commission as a
school director.
(b) To qualif)' for certification as school director of the Detention Officer Certification Course, the applicant shall;
(1) Submit a written request for the issuance of such certification executed by the executive officer of the institution or
agency currently accredited, or which may be seeking accreditation, by the Commission to make presentation of
accredited training programs and for whom the applicant will be the designated school director;
(2) Be currently certified as a criminal justice instructor by the North Carolina Criminal Justice Education and Training
Standards Commission; and
(3) Attend or must have attended the most current offering of the school director's orientation as developed and presented
bi the Commission staff; and
(^ £41 Attend or must have attended the most current offering of the school director's conference as presented by the
Commission staff and staff of the North Carolina Criminal Justice Education and Training Standards Commission and
Standards Division.
Authority G.S. 17E-4.
.0706 TERMS AND CONDITIONS OF SCHOOL DIRECTOR CERTIFICATION
(a) The term of certification as a school director is two years from the date the Commission issues the certification unless
earlier terminated by action of the Commission. Upon application the certification may subsequently be renewed by the
Commission for two-year periods. The application for renewal shall contain documentation meeting the requirements of Rule
.0705(b)a).
(b) To retain certification as a school director, the school director shall;
(1) Adequately perform the duties and responsibilities of a school director as specifically required in Rule .0704. .0704:
(2) Maintain an updated copy of the "Detention Officer Certification Training Manual" assigned to each accredited
school, school; and
13} Ensure compliance with the Commission's accreditation requirements as set forth in 12 NCAC lOB .0703 and .0802.
Authority G.S. 17E-4.
.0707 SUSPENSION: REVOCATION: OR DENIAL: SCHOOL DIRECTOR CERT
The Commission may deny, suspend, or revoke certification of a school director when the Commission finds that the person
has failed to meet or continuously maintain any of the requirements for qualification qualification, or any of the terms and
conditions as specified in 12 NCAC lOB .0706. or through performance fails to comply with program rules and procedures of
the Commission or otherwise demonstrates incompetence.
Authority G.S. 17E-4.
641 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
SECTION .0800 - ACCREDITATION OF JUSTICE OFFICER SCHOOLS AND TRAINING COURSES
.0801 ACCREDITATION: JUSTICE OFFICER SCHOOLS/TRAINING COURSES
The rules covering the accreditation of Criminal Justice Schools and training courses, codified as Title 12, Subchapter 9C,
Section .0400 of the North Carolina Administrative Code, and previously adopted by the North Carolina Criminal Justice
Education And Training Standards Commission, are hereby incorporated by reference and shall automatically include any later
amendments and editions of the incorporated material to apply to actions of the Commission with the exception of the Detention
Officer Instructor, Detention Officer Schools and Training Courses. Copies of the incorporated materials may be obtained at no
cost from the Criminal Justice Standards Division, North Carolina Department of Justice, 1 West Mo r gan Street, Post Office
Drawer 149, Raleigh, NC 27602.
Authority G.S. 17E-4.
.0802 ACCREDITATION: DELIVERY/DETENTION OFFICER CERTIFICATION COURSE
(a) An institution or agency to must be accredited to deliver a Detention Officer Certification Course. Cou r se must submit a
Form r-7 requesting school acc r editation.
(b) In order to obtain accreditation, an institution or agency shall meet or exceed the following minimum standards for
overall course delivery:
(1) the institution or agency shall conduct a minimum of one Detention Officer Certification Course each calendar year:
(2) the executive officer shall comply with the requirements of 12 NCAC lOB .0703: and
(3) the executive officer shall comply with the additional accreditation requirements as specified in the "Detention Officer
Certification Course Management Guide".
(c) An institution or agency meeting the requirements of 12 NCAC lOB .0802(b) may submit a "Request for Accreditation"
(Form F-7) to the Division. Upon receipt of the request, the Division staff shall:
(1) review the application for completeness:
(2) contact the institution or agency executive officer or designated school director to schedule an on-site visit and tour of
the proposed training facilities:
(3) during the on-site visit note any deficiencies and attempt to provide assistance and recommendations in correcting
those deficiencies: and
(4) notify the a pplying institution or agency, in writing, of the approval or denial of the accreditation request.
(d) In cases where the deficiencies prohibit the immediate accreditation of the institution or agency, the application will be
placed in a pending status:
(1) applications may remain in a pending status for no more than 30 days from the date of notification of any deficiencies:
and
£2] within or following the 30 day period, the Division will:
(A) issue accreditation: or
(B) notify the institution or agency, in writing, that it must re-app ly for accreditation.
(e) Any existing commission-issued accreditations issued and valid on July 31. 1998 are automatically extended with an
expiration date of December 31. 1999 at which time the previously issued accreditation will be terminated.
(f) All new applicants for accreditation shall meet the requirements of this Section after August 1. 1998.
(g) The Division staff shall conduct an on-site accreditation audit once each calendar year which shall include, but is not
limited to:
(1) the review of all records maintained by the school director as required in 12 NCAC lOB .0704: and
(2) the inspection of the institution or agency's training facilities to ensure continued compliance with accreditation
standards as required in 12 NCAC lOB .0703 and .0802.
(h) Following the annual audit, the Division staff shall:
(n notify the institution or agency of the results of the audit: and
£2} recommend to the Commission's Probable Cause Committee any action pursuant to 12 NCAC lOB .0802(i).
fb) £i} School accreditation shall remain effective until surrendered, suspended, or revoked.
fet ij} The Commission may suspend or revoke the accreditation of a school when it finds that the school has failed to meet
or to continuously maintain any requirement, standard or procedure for school accreditation or course delivery as required by
Section .0700 of this Subchapter.
Authority G.S. 17E-4.
SECTION .0900 - MINIMUM STANDARDS FOR JUSTICE OFFICER INSTRUCTORS
12:8 NORTH CAROLINA REGISTER October 15, 1997 642
PROPOSED RULES
.0903 CERT: INSTRUCTORS FOR DETENTION OFFICER CERTinCATION COURSE
(a) Any person participating in a commission-accredited Detention Officer Certification Course as an instructor, teacher,
professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an
instructor. A waiver may be granted by the Director upon receipt of a written application to teach in a designated school.
(b) The Commission shall certify' Detention Officer Certification Course instructors under the following categories;
( 1 ) Detention Officer Instructor Certification;
(2) Professional Lecmrer Certification; or
(3) Limited Lecturer Cenification as outlined in Rules .0904. .0906 and .0908 of this Section.
(c) in addition to aU other requirements of this Section, each instructor certified by the Commission to teach in a
Commission-accredited Detention Officer Certification Course shall remain knowledgeable in their specific areas and shall
attend and successfully complete any instructor training updates related to curriculum content and delivery as may be offered by
the curriculum developer and within the time period as specified by the curriculum developer.
Authorin G.S. 17E-4.
.0908 LIMITED LECTURER CERTIFICATION
(a) The Commission may issue a Limited Lecturer Certification to an applicant who has developed specific or special skills
by virtue of specific or special training. Limited Lecturer Certification may be issued in the following topical areas:
(1) First Aid and CPR;
(2) Una r med Self Defense : Specialized Control Techniques:
(3) Fire Emergencies in the Jail;
(4) Medical Care in the Jail;
(5) Physical Assessment of Detention Office r s. Officers:
(6) Fingerprinting and Photographing Arrestees.
(b) To be eligible for a Limited Lecturer Certificate for topic areas set forth in Rule .0908(a), the applicant must possess a
current valid CPR certification and meet the qualifications as follows:
(1) First Aid and CPR: Certified Standard First Aid Instructor with the American Red Cross or a licensed physician.
Family Nurse Practitioner, Licensed Practical Nurse (LPN), Registered Nurse (RN), Physician's Assistant, or EMT;
(2) Una r med Self Defense : successful com p letion of N.C. De p a r tment of Co rr ections S p ecialized Instructo r T r aining -
Una r med Self-Dcfcnsc: ce r tified by N.C. C r iminal Justice Lducaiion and T r aining Standa r ds Commission as s p ecific
Co rr ections Unarmed Self Defense Instructo r : Specialized Control Techniques: certified by NC Criminal Justice
Education and Training Standards Commission as Defensive Tactics Instructor and compliance with Rule .0903(c) of
this Section;
(3) Fire Emergencies in the Jail: Certified Fire Instructor:
(4) Medical Care in a Jail: A Licensed Physician, Family Nurse Practitioner, LPN, RN, or EMT, or Physician's
Assistant;
(5) Physical Assessment of Detention Officer: certified as a Physical Fitness Instructor by the North Carolina Criminal
Justice Education and Training Standards Commission. Commission;
(6) Fingerprinting and Photographing Arrestees: certified as a General Instructor by the North Carolina Criminal Justice
Education and Training Standards Commission.
Authority G.S. 17E-4.
.0909 TERMS AND CONDITIONS OF A LIMITED LECTURER CERTIFICATION
(a) An applicant meeting the requirements for certification as a Limited Lecturer shall, for the first 12 months of
cenification, be in a probationary status. The Limited Lecturer Certification, Probationan,' Status, shall automatically expire 12
months from the date of issuance.
(b) The probationary instructor shall be eligible for full Limited Lecturer status at the end of the probationary period if the
instructor, through application, submits to the Commission:
( 1 ) a favorable recommendation from a school director accompanied by certification on a commission Instructor
Evaluation Form that the instructor taught at least four hours in each of the topics for which Limited Lecturer
Certification, Probationary Status was granted. Such instruction must have occurred in a commission-accredited
detention officer training course during the probationary period. The results of the student evaluation must be
considered by the school director when determining the recommendation; or
(2) a favorable written evaluation by a commission or staff member, based on an on-site classroom evaluation of the
probationary instructor in a commission-accredited detention officer training course. Such evaluation must be
certified on a commission Instructor Evaluation Form completed where the probationary instructor taught a minimum
643 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
of four hours in each topic for which Limited Lecturer Certification, Probationary Status was granted; and
(3) documentation that all other cenifications required in 12 NCAC lOB .0908 remain valid, valid: and
(4) possess a current valid CPR certification.
(c) Full Limited Lecturer Certification shall be continuous so long as the lecturer submits to the Division every two years:
(1) a favorable written recommendation from a school director accompanied by certification on a commission instructor
evaluation form that the lecturer successfully taught at least four hours in each of the topics for which Limited
Lecturer Certification was granted during the previous two-year period; or
(2) a favorable written evaluation by a commission member or staff member based on an on-site classroom observation of
the lecturer while teaching a minimum of four hours in each of the topics for which Limited Lecturer Certification
was granted; and
(3) a renewal application to include documentation that all other certifications required in 12 NCAC lOB .0908 remain
valid, valid: and
(4) possess a current valid CPR certification.
(d) The date Full Limited Lecturer Certification is originally issued is the anniversary date from which each two-year period
is figured.
(e) If a lecturer does not teach a minimum of four hours, in each of the topics for which Limited Lecturer Certification was
granted, during each two-year period following the awarding of Full Limited Lecturer Certification, his/her certification
automatically expires, and the lecturer must then apply for probationary limited lecturer certification and must meet all
applicable requirements.
Authority G.S. 17E-4.
.0910 USE OF GUEST PARTICIPANTS
The use of guest participants in a delivery of the Detention Officer Certification Course is p e r missible, permissible with the
exception of those topic areas requiring instructors certified pursuant to 12 NCAC lOB .0908 and .0909. Howeve r , such Such
guest participants are subject to the direct on-site supervision of a commission-certified instructor and must be authorized by the
school director. A guest participant shall only be used to complement the primary certified instructor of the topic area and shall
in no way replace the primary instructor.
Authority G.S. 17E-4.
.0911 SUSPENSION: REVOCATION: DENIAL OF DETENTION OFFICER INSTRUCTOR CERTIFICATION
(a) The Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist
and attempt, in an advisory capacity, to assist the person in correcting the deficiency.
(b) When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any
provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the violation
does not recur, including:
(1) issuing an oral warning and request for compliance;
(2) issuing a written warning and request for compliance;
(3) issuing an official written reprimand;
(4) suspending the individual's certification for a specified period of time or imtil acceptable corrective action is taken by
the individual;
(5) revoking the individual's certification.
(c) The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:
(1) has failed to meet and maintain any of the requirements for qualification; or
(2) has failed to remain currently knowledgeable in the person's areas of expe r tise; expertise by failing to attend and
successfully complete any instructor training updates pursuant to \2 NCAC lOB .0903(c); or
(3) has failed to deliver training in a manner consistent with the instructor lesson plans; or
(4) has failed to follow specific guidelines outlined in the "Detention Officer Certification Course Management Guide"
which is hereby incorporated by reference and shall automatically include any later amendments and editions of the
referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy,
Post Office Drawer 99, Salemburg, NC 28385 at no cost at the time of adoption of this Rule; or
(5) has demonstrated unprofessional personal conduct in the delivery of commission-mandated training; or
(6) has otherwise demonstrated instructional incompetence; or
(7) has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or
misrepresentation.
12:8 NORTH CAROLINA REGISTER October 15, 1997 644
PROPOSED RULES
(2)
(3)
(4)
Authority G.S. 17E-4.
SECTION .1000 - PROFESSIONAL CERTIFICATE PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS
.1002 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the professional awards, a sheriff or deputy sheriff shall first meet the following
preliminary qualifications:
(I) Be an elected or appointed sheriff or be a deputy sheriff who holds valid General or Grandfather Certification. A
deputy sheriff serving under a probationary certification is not eligible for consideration. Any justice officer subject
to suspension or revocation proceedings by the Commission or the North Carolina Criminal Justice Education and
Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding.
The sheriff or deputy sheriff shall be familiar with and subscribe to the Law Enforcement Code of Ethics.
If the applicant is a deputy sheriff, the deputy shall be a full-time sworn member of a North Carolina Sheriff's
Department, as certified in writing by the sheriff; or be an a full-time employee of an agency who must be sworn by
the sheriff in order to perform his duties as certified in writing by the Sheriff.
Employees of a North Carolina Sheriff's Department who have previously held general or grandfather law
enforcement officer certification but are presently, by virtue of promotion or transfer, serving in non-sworn positions
not subject to certification are eligible to participate in the Professional Certificate Program. Eligibility for this
exception requires continuous employment with the sheriff's department from the date of promotion or transfer from a
sworn, certified position to the date of application for a professional certificate.
Only training and/or experience gained in an officer's area of expertise will be eligible for application to this program.
(b) Certificates are awarded based upon a formula which combines formal education, law enforcement training, and actual
experience as a law enforcement officer. These professional certificates are appropriate for sworn sheriffs and full-time deputy
sheriffs. Points are computed in the following manner:
Each semester hour of college credit shall equal one education point and each quarter hour shall equal two-thirds of a
an education porrttt point. No correspondence or vocational courses shall be credited towards education points unless
an accredited institution credits the course(s) towards a degree:
Twenty classroom hours of commission-approved law enforcement training shall equal one training point;
Only expe r ience Experience as a sworn membe r of a law enforcement officer as defined in Rule .0103(16) agency o r
equivalent ex p e r ience shall be acceptable for consideration;
Applicants holding degrees will not be awarded additional points for those degrees and must instead meet the training
point requirements of this Section through completion of law enforcement training.
(5)
(1)
(2)
(3)
(4)
Authority G.S. 17E-4.
.1004 INTERMEDIATE LAW ENFORCEMENT CERTIFICATE
(a) In addition to the qualifications set forth in Rule .1002, applicants for the Intermediate Law Enforcement Certificate shall
possess or be eligible to possess the Basic Law Enforcement Certificate and shall have acquired the following combination of
educational points or degrees, law enforcement training points and years of law enforcement training experience:
Educational
Degrees
None
None
None
Associate
U3/1JA
Bachelor
Years of Law
Enforcement
E.xperience
8
6
4
4
2
Minimum Law
Enforcement
Training Points
20
35
50
24
23
Minimum Total
Education and
Training Points
39
69
99
24
23
(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior
645
NORTH CAROLINA REGISTER
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PROPOSED RULES
college, college or university accredited as such by the Department of Education of the state in which the institution is located,
the national accrediting body, or the state university of the state in which the institution is located. No credit shall be given for
any correspondence or vocational courses imless credited towards a degree by an accredited institution.
Authority G.S. 17E-4.
. 1005 ADVANCED LAW ENFORCEMENT CERTIFICATE
(a) In addition to the qualifications set forth in Rule .1002, applicants for the Advanced Law Enforcement Certificate shall
possess or be eligible to possess the Intermediate Law Enforcement Certificate and shall have acquired the following
combination of educational points or degrees, law enforcement training points and years of law enforcement experience:
Educational
Degrees
None
None
AA/AS
Associate
Bachelor
Doctoral.
Professional
or Master
Years of Law
Enforcement
Experience
12
9
9
6
4
Minimum Law
Enforcement
Training Points
35
50
33
27
23
Minimum Total
Education and
Training Points
69
99
33
27
23
(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior
college, college or university accredited as such by the Department of Education of the state in which the institution is located,
the regional accrediting body, or the state university of the state in which the institution is located. No credit shall be given for
any correspondence or vocational courses unless credited towards a degree by an accredited institution.
Authority G.S. 17E-4.
.1006 HOW TO APPLY
(a) All applicants for an award of the basic, intermediate or advanced certificates shall complete an "Application:
Professional Certificate/Service Award", (F-6).
(b) Documentation of education and t r aining shall be provided by copies of transcripts, diplomas, or certified letters from the
accredited institution. Re p o r t of T r aining Cou r se Com p letion, agency training r eco r ds, o r othe r ve r ifying documents attached to
the a pp lication.
(c) Documentation of training shall be provided b^; copies of training records signed b^ the agency's training officer ot
department head, or by providing certificates of completion. Military Police Officers shall provide a military DD-214 form for
verification of service. Federal government employees (law enforcement agencies), shall provide certified letters of verification
of employment or copies of federal oaths of office.
(e) £d} Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification
records, however, oaths of office may be requested of the applicant. Documentation shall be provided by ce r tified co p ies of
p ast Oaths of Office, by certified letters of verification of employment from present and/or former out-of-state employers
em p loyees (law enfo r cement agencies), (law enforcement agencies), o r othe r ve r ifying documents attached to the a pp lication.
fdt (e) The applicant shall submit the "Application: Professional Certificate/Service Award", (F-6) to the agency head who
shall attach his recommendation and forward the application to the Division. Certificates will be issued to the agency head for
award to the applicant.
Authority G.S. 17E-4.
SECTION .1100 - SHERIFFS' AND JUSTICE OFFICERS' SERVICE AWARD PROGRAM
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PROPOSED RULES
.1101 PLIRPOSE
In order to recognize Sheriffs' and Justice Officers' loyal and competent service to a particular sheriff's dc p anmcnt,
department in North Carolina, and also to the State of North Carolina, the Commission establishes the Sheriffs' and Justice
Officers' Service Award Program. This program is a method by which dedicated oftlcers may receive local, state-wide and
nation-wide recognition for their loyal and competent law enforcement service.
Authority- G.S. 17E-4.
.1102 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the service awards, a Justice Officer or Sheriff shall first meet the following
preliminary qualifications:
(1) Be an elected or appointed sheriff or be a justice officer that holds a valid general or grandfather certification. An
officer serving under a probationary certification is not eligible for consideration. Any justice officer subject to
suspension or revocation proceedings by the Commission or the North Carolina Criminal Justice Education and
Training Standards Commission shall not be eligible for a service award for the pendency of the proceeding.
(2) The Sheriff or justice officer shall be familiar with and subscribe to the Law Enforcement Code of Ethics.
(3) Also, employees of a North Carolina Sheriff's Department who have previously held certification, but are presently,
by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the
service award program. Eligibility for this exception requires continuous employment with a sheriff's department
from the date of promotion or transfer from a certified position to the date of application for a service award as
certified in writing by the Sheriff.
(b) Only experience as a full-time certified member of a law enforcement agency in North Carolina or experience as an
elected or appointed sheriff in North Carolina shall be acceptable for consideration.
Authority G.S. 17E-4.
.1103 INTERiMEDIATE SERVICE AWARD
In addition to the qualifications set forth in Rule .1102 an applicant must have served a minimum of 15 years as a certified
justice officer. Yea r s of se r vice as an elected o r a pp ointed she r iff a r c also a pp licable.
Authority G.S. 17E-4.
.1104 ADVANCED SERVICE AWARD
In addition to the qualifications set forth in Rule .1102 an applicant must have served a minimum of 20 years as a certified
justice officer. Yea r s of se r vice as an elected o r a pp ointed she r iff a r c also ap p licable.
Authority G.S. 17E-4.
.1105 HOW TO APPLY
(a) All applicants for either the Intermediate Service Award or the Advanced Service Award shall complete an "Application:
Professional Certificate/Service Award," (F-6).
(b) Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification
records, however, oaths of oftlce ma\' be requested of the applicant, pr ovided by certified co p ies of p ast Oaths of Office, by
ce r tified lette r s of \ ' e r ificaiion of em p loyment f r om pr esent and/or former employe r s (law enfo r cement agencies), o r othe r
vc r ily ' ing documents attached to the a pp lication.
(c) The applicant shall submit the application to the agency head who shall attach his recommendation and forward the
application to the Division. The Ser\'ice Award will be issued to the agency head for presentation to the applicant.
Authority G.S. 17E-4.
SECTION .1200 - PROFESSIONAL CERTIFICATE PROGRAM FOR DETENTION OFFICERS
.1202 GENERAL PROVISIONS
(a) In order to be eligible for one or more of the detention officer professional awards, a detention officer shall first meet the
following preliminary qualifications:
(1 ) Be a full-time detention officer who holds valid general or grandfather certification. A detention officer serving under
a probationar\- certification is not eligible for consideration. An\- detention officer subject to suspension or revocation
647 NORTH CAROLINA REGISTER October 15, 1997 12:8
PROPOSED RULES
(2)
(3)
proceedings by the Commission or the North Carolina Criminal Justice Education and Training Standards Commission
shall not be eligible for any detention officer professional awards for the pendency of the proceeding.
Be familiar with and subscribe to the Law Enforcement Code of Ethics as promulgated by the International
Association of Chiefs of Police to include any subsequent editions or modifications thereto. A copy of the Code of
Ethics may be obtained at no cost from the Sheriffs' Standards Division, North Carolina Department of Justice, Post
Office Box 629, Raleigh, North Carolina 27602-0629.
Employees of a North Carolina Sheriff's Department who have previously held general or grandfather detention
officer certification but are presently, by virtue of promotion or transfer, serving in positions not subject to
certification are eligible to participate in the Professional Certificate Program. Eligibility for this exception requires
continuous employment with the sheriff's department from the date of promotion or transfer from a certified position
to the date of application for a professional certificate.
(b) Only training and experience gained in an officer's area of expertise will be eligible for application to this program.
(c) Certificates shall be awarded based upon a formula which combines formal education, training, and actual experience as a
detention officer. Points are computed in the following manner:
(1) Each semester hour of college credit shall equal one education point and each quarter hour shall equal two thirds of a
an education pointt point. No correspondence or vocational courses shall be credited towards education points unless
an accredited institution credits the course(s) towards a degree:
Twenty classroom hours of commission-approved training shall equal one training point;
Only ex p e r ience Experience as a member of a law enfo r c e ment agency correctional or detention facility in North
Carolina as defined in Rule .0103(13) of this Subchapter o r equivalent expe r ience shall be acceptable for
consideration;
Applicants holding degrees shall not be awarded additional points for those degrees and must instead meet the training
point requirements of this Section through completion of training in the field of jails or corrections.
(2)
(3)
(4)
Authority G.S. 17E-4.
.1204 INTERMEDIATE DETENTION OFFICER PROFESSIONAL CERTIFICATE
(a) In addition to the qualifications set forth m Rule .1202, applicants for the Intermediate Detention Officer Professional
Certificate shall possess or be eligible to possess the Basic Detention Officer Professional Certificate and shall have acquired the
following combination of educational points or degrees, detention officer or corrections training points and years of detention
officer experience:
Educational
Degrees
None
None
None
AA/AS
Associate
nc /n A
U3/UA
Bachelor
Years of
Detention
Officer
Experience
8
6
4
4
2
Minimum
Detention
Officer
Training Points
6
12
16
24
23
Minimum
Total
Education and
Training Points
13
23
33
24
23
(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior
college, college or university accredited as such by the Department of Education of the state in which the institution is located,
the national accrediting body, or the state university of the state in which the institution is located. No credit shall be given for
an^ correspondence or vocational courses unless credited towards a degree by an accredited institution.
Authorit\' G.S. 17E-4.
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PROPOSED RULES
.1205 ADVANCED DETENTION OFFICER PROFESSIONAL CERTIFICATE
(a) In addition to the qualifications set forth in Rule .1202, applicants for the Advanced Detention Officer Professional
Certificate shall possess or be eligible to possess the Intermediate Detention Officer Professional Certificate and shall have
acquired the following combination of educational points or degrees, detention officer or corrections training points and years of
detention officer experience:
Educational
Degrees
None
None
AA/AS
Associate
/"; D A Fi/nn^
Bachelor
Doctoral.
Professional
or Master
Years of
Detention
Officer
Experience
12
9
9
6
4
Minimum
Detention
Officer
Training Points
12
16
27
26
26
Minimum
Total
Education and
Training Points
23
33
27
26
26
(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior
college, college or university accredited as such by the Department of Education of the state in which the institution is located,
the regional accrediting body, or the state university of the state in which the institution is located. No credit shall be given for
any correspondence or vocational courses unless credited towards a degree b^ an accredited institution.
Aulhorm- G.S. 17E-4.
.1206 HOW TO APPLY
(a) All applicants for an award of the Basic. Intermediate or Advanced Certificates shall complete an "Application:
Professional Certificate/Service Award", (F-6).
(b) Documentation of education and t r aining shall be provided by copies of transcripts, diplomas, or certified letters from the
accredited institution. Re p o r t of T r aining Cou r se Completion, agency t r aining r eco r ds, o r othe r ve r ifying documents attached to
the application.
(c) Documentation of training shall be provided by copies of training records signed b^; the agency's training officer or
department head, or by providing certificates of completion. No out-of-state training shall be accepted, unless, the officer is
employed in North Carolina during the time of training.
to (dl Documentation of the applicant's length of service in North Carolina shall be based upon the Division's certification
records, however, shall be pr ovided by certified letters of verification of employment from present and/or former em p loye r s,
emplo\ers ma>- be requested of applicant, o r othe r ve r if> ' ing documents attached to the application. No out-of-state length of
service shall be applicable to this certificate program.
t^ lei The applicant shall submit the "Application: Professional Certificate/Service Award", (F-6) to his sheriff who shall
attach his recommendation and forward the application to the Commission. Certificates will be issued to the sheriff for award to
the applicant.
Authors G.S. 17E-4.
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PROPOSED RULES
TITLE 15A - DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
Notice is hereby given in accordance with G.S. 150B-21.2
that the DENR - Environmental Management
Commission intends to amend rules cited as ISA NCAC 2D
.0535. .0927. .1102 - .1104. .1106. .1109. .1201, .1205; 2Q
.0101 - .0102. .0301 - .0302, .0306. .0312. .0501; adopt
ndes cited as 15A NCAC 2D .1112; 2Q .0527. .0701 - .0713;
and repeal nde cited as 15A NCAC 2H .0610. Notice of
Rule-making Proceedings was published in the Register on
December 15. 1995 and July 15. 1996.
Proposed Effective Date: July 1. 1998
A Public Hearing will be conducted at 7:00 p.m. on
November 18. 1997 at the Archdale Building, Groundfloor
Hearing Room. 512 N. Salisbury Street. Raleigh. NC 27603.
Reason for Proposed Action:
15A NCAC 2D. 1109. .1112; 2Q .0302, .0306, .0312, .0527
- To amend the case-by-case Maximum Achievable Control
Technology ndes by incorporating details of the final federal
requirements into the existing state ndes requiring and
specifying procedures for such determinations.
ISA NCAC 2D .0S3S, .0927, .1102 - .1104, .1106, .1201,
.1205; 2H .0610; 2Q .0101 - .0102, .0301, .OSOl, .0701 -
. 0713 - To: (1) amend the air toxics ndes by recodifying them
into a new Section: (2) incorporate the five Air Toxic
Workgroup recommendations: option for DAQ to model,
change averaging time for acute irritants from 15 minutes to 1
hour, include pollution prevention for certain demonstrations,
exempt combustion sources, and exempt insignificant activities
where appropriate; and (3) add a one-hour acceptable
ambient level (AAL) for methylene chloride and revised AAL
for toluene diisocyanate.
Comment Procedures: All persons interested in these
matters are invited to attend the public hearings. Any person
desiring to comment for more than three minutes is requested
to submit a written statement for inclusion in the record of
proceedings at the public hearing. TJie hearing record will
remain open until December 15. 1997. to receive additional
written statements.
NOTE: In addition to the amendments and adoptions, the
Environmental Management Commission (EMC) is asking for
specific comment on two issues: 1) the appropriateness of
defining through ndemaking federal Maximum Achievable
Control Technology (MACT) to be the equivalent of maximum
feasible control technology for sources subject to MACT; and
2) allowing new facilities to apply maximum feasible control
technology in instances where it is technically or economically
infeasible to demonstrate compliance with an acceptable
ambient level or where the affected area is considered
uninhabitable .
Comments should be sent to and additional information
concerning the hearing or the proposals may be obtained by
contacting:
Mr. Thomas C. Allen
Division of Air Quality
PO Box 29580
Raleigh. NC 27626-0580
(919) 733-1489 (phone)
(919) 715-7476 (fax)
thom_allen@aq.ehnr. state. nc. us (e-mail)
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local government funds. Rules in 2D
.1100 and 2Q .0700 do have a substantial economic impact of
at least five million dollars ($5,000,000) in a 12-month
period. The remainder ndes do not have a substantial
economic impact.
CHAPTER 2 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 2D - AIR POLLUTION CONTROL
REQUIREMENTS
SECTION .0500 - EMISSION CONTROL STANDARDS
.0535 EXCESS EMISSIONS REPORTING AND
MALFUNCTIONS
(a) For this Rule the following definitions apply:
(1) "Excess Emissions" means an emission rate that
exceeds any applicable emission limitation or
standard allowed by any rule in Sections .0500,
.0900, .1200, or .1400 of this Subchapter; or by a
permit condition; or that exceeds an emission limit
established in a permit issued under 15 A NCAC 2H
Te^er 20 .0700.
(2) "Malfunction" means any unavoidable failure of air
pollution control equipment, process equipment, or
process to operate in a normal and usual manner
that results in excess emissions. Excess emissions
during periods of routine start-up and shut-down of
process equipment shall not be considered a
malfunction. Failures caused entirely or in part by
poor maintenance, careless operations or any other
upset condition within the control of the emission
source shall not be considered a malfunction.
(3) "Start-up" means the commencement of operation
of any source that has shut-down or ceased
operation for a period sufficient to cause
temperature, pressure, process, chemical, or a
pollution control device imbalance that would
result in excess emission.
(4) "Shut-down" means the cessation of the operation
of any source for any purpose.
(b) This Rule does not apply to sources to which Rules
.0524, .1110, or .1111 of this Subchapter applies unless
excess emissions exceed an emission limit established in a
permit issued under 15 A NCAC 211 .0610 2Q .0700 that is
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October 15, 1997
650
PROPOSED RULES
more stringent than the emission limit set by Rules .0524,
. 1110 or .1111 of this Subchapter.
(c) Any e.xcess emissions that do not occur during start-up
or shut-down shall be considered a violation of the
appropriate rule unless the owner or operator of the source of
e.xcess emissions demonstrates to the Director, that the excess
emissions are the result of a malfunction. To determine if the
excess emissions are the result of a malfunction, the Director
shall consider, along with any other pertinent information, the
following:
(1) The air cleaning device, process equipment, or
process has been maintained and operated, to the
maximum extent practicable, consistent with good
practice for minimizing emissions:
(2) Repairs have been made expeditiously when the
emission limits have been exceeded;
(3) The amount and duration of the excess emissions,
including any bypass, have been minimized to the
maximum extent practicable;
(4) All practical steps have been taken to minimize the
impact of the excess emissions on ambient air
quality;
(5) The excess emissions are not part of a recurring
pattern indicative of inadequate design, operation,
or maintenance;
(6) The requirements of Paragraph (f) of this Rule have
been met; and
(7) If the source is required to have a malfunction
abatement plan, it has followed that plan.
All malfunctions shall be repaired as expeditiously as
practicable. However, the Director shall not excuse e.xcess
emissions caused by malfunctions from a source for more
than 15 percent of the operating time during each calendar
year. The Director may require the owner or operator of a
facility to maintain records of the time that a source operates
when it or its air pollution control equipment is
malfunctioning or otherwise has excess emissions.
(d) All electric utility boiler units subject to a rule in this
Section shall ha\e a malfunction abatement plan appro\ed by
the Director. In addition, the Director may require any other
source to have a malfunction abatement plan approved by the
Director. If the Director requires a malfunction abatement
plan for a source other than an electric uuYm boiler, the
owner or operator of that source shall submit a malfunction
abatement plan within 60 days after receipt of the Director's
request. The malfunction plans of electric utility boiler units
and of other sources required to have them shall be
implemented when a malfunction or other breakdown occurs.
The purpose of the malfunction abatement plan is to prevent,
detect, and correct malfunctions or equipment failures that
could result in excess emissions. A malfunction abatement
plan shall contain as a minimum:
(1) a complete pre\entive maintenance program
including:
(A) the identification of individuals or positions
responsible for inspecting, maintaining and
repairing air cleaning devices:
(B) a description of the items or conditions that
will be inspected and maintained;
(C) the frequency of the inspection, maintenance
services, and repairs; and
(D) an identification and quantities of the
replacement parts that shall be maintained in
inventory for quick replacement;
(2) an identification of the source and air cleaning
operating variables and outlet variables, such as
opacity, grain loading, and pollutant concentration,
that may be monitored to detect a malfimction or
failure; the normal operating range of these
variables and a description of the method of
monitoring or surveillance procedures and of
informing operating personnel of any malfunctions,
including alarm systems, lights or other indicators;
and
(3) a description of the corrective procedures that the
owner or operator will take in case of a malfunction
or failure to achieve compliance with the applicable
rule as expeditiously as practicable but no longer
than the next boiler or process outage that would
provide for an orderly repair or correction of the
malfunction or 15 days, whichever is shorter. If
the owner or operator anticipates that the
malfunction would continue for more than 15 days,
a case-by-case repair schedule will be established
by the Director with the source.
The owner or operator shall maintain logs to show that the
operation and maintenance parts of the malfunction abatement
plan are implemented. These logs shall be subject to
inspection b\' the Director or his designee upon request during
business hours.
(e) The owner or operator of any electric utility boiler unit
required to have a malfunction abatement plan shall submit a
malfunction abatement plan to the Director within 60 days of
the effective date of this Rule. The owner or operator of any
other source required by the Director to have a malfunction
abatement plan shall submit a malfunction abatement plan to
the Director within six months after it has been required by
the Director. The malfunction abatement plan and any
amendment to it shall be reviewed by the Director or his
designee. If the plan is satisfactory, the Director shall
approve it. If the plan does not adequately carry out the
objectives described by Paragraph (d) of this Rule, the
Director shall disapprove the plan. The Director shall state
his reasons for his disappro\al. The person who submits the
plan shall satisfactorily amend the plan as required by the
Director within a time prescribed by the Director. Any
person having an approved malfunction abatement plan shall
submit to the Director for his approval amendments reflecting
changes m any element of the plan required by Paragraph (d)
of this Rule or amendments when requested by the Director.
The malfunction abatement plan and amendments to it shall
be implemented within 90 days upon receipt of written notice
of approval .
(f) The owner or operator of a source of excess emissions
651
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
that last for more than four hours and that results from a
malfunction, a breakdown of process or control equipment or
any other abnormal conditions, shall:
(1) notify the Director or his designee of any such
occurrence by 9:00 a.m. Eastern time of the
Division's next business day of becoming aware of
the occurrence and describe:
(A) name and location of the facility,
(B) the nature and cause of the malfunction or
breakdown,
(C) the time when the malfunction or breakdown
is first observed,
(D) the expected duration, and
(E) an estimated rate of emissions;
(2) notify the Director or his designee immediately
when the corrective measures have been
accomplished;
(3) submit to the Director within 15 days after the
request a written report that includes:
(A) name and location of the facility,
(B) identification or description of the processes
and control devices involved in the
malfunction or breakdown,
(C) the cause and nature of the event,
(D) time and duration of the violation or the
expected duration of the excess emission if
the malfunction or breakdown has not been
fixed,
(E) estimated quantity of pollutant emitted,
(F) steps taken to control the emissions and to
prevent recurrences and if the malfunction or
breakdown has not been fixed, steps planned
to be taken, and
(G) any other pertinent information requested by
the Director.
After the malfunction or breaKdown has been corrected, the
Director may require the owner or operator of the source to
test the source in accordance with Rule .0501 of this Section
to demonstrate compliance.
(g) Start-up and shut-down. Excess emissions during start-
up and shut-down shall be considered a violation of the
appropriate rule if the owner or operator cannot demonstrate
that the excess emissions are unavoidable when requested to
do so by the Director. The Director may specify for a
particular source the amount, time, and duration of emissions
allowed during start-up or shut-down. The owner or operator
shall, to the extent practicable, operate the source and any
associated air pollution control equipment or monitoring
equipment in a manner consistent with best practicable air
pollution control practices to minimize emissions during start-
up and shut-down.
Authority G.S. 143-21 5. 3(a)(1); 143-215. 107(a)(4): 143-
215.107(a)(5).
SECTION .0900 - VOLATILE ORGANIC
COMPOUNDS
.0927 BULK GASOLINE TERMINALS
(a) For the purpose of this Rule, the following definitions
apply:
(1) "Bulk gasoline terminal" means:
(A) breakout tanks of an interstate oil pipeline
facility; or
(B) a gasoline storage facility which usually
receives gasoline from refineries primarily
by pipeline, ship, or barge; and delivers
gasoline to bulk gasoline plants or to
commercial or retail accounts primarily by
tank truck; and has an average daily
throughput of more than 20,000 gallons of
gasoline.
(2) "Gasoline" means a petroleum distillate having a
Reid vapor pressure of four psia or greater.
(3) "Breakout tank" means a tank used to:
(A) relieve surges in a hazardous liquid pipeline
system, or
(B) receive and store hazardous liquids
transported by pipeline for reinjection and
continued transport by pipeline.
(b) This Rule applies to bulk gasoline terminals and the
appurtenant equipment necessary to load the tank truck or
trailer compartments.
(c) Gasoline shall not be loaded into any tank trucks or
trailers from any bulk gasoline terminal unless:
(1) The bulk gasoline terminal is equipped with a vapor
control system that prevents the emissions of
volatile organic compounds from exceeding:
(A) 80 milligrams per liter (4.7 grains per
gallon) of gasoline loaded for control systems
installed before December 1, 1992 until
December 1, 1995 or the next major
modification, whichever occurs first; after
December 1, 1995 or at the next major
modification, these control systems shall
prevent emissions of volatile organic
compounds from exceeding 35 milligrams
per liter of gasoline loaded;
(B) 35 milligrams per liter for control systems
installed after December 1, 1992; and that is
properly installed, in good working order,
and in operation. The owner or operator
shall obtain from the manufacturer and
maintain in his records a pre-installation
certification stating the vapor control
efficiency of the system in use;
(2) Displaced vapors and gases are vented only to the
vapor control system or to a flare;
(3) A means is provided to prevent liquid drainage
from the loading device when it is not in use or to
accomplish complete drainage before the loading
device is disconnected; and
12:8
NORTH CAROLINA REGISTER
October 15, 1997
652
PROPOSED RULES
(4) All loading and vapor lines are equipped with
fittings which make vapor-tight connections and
which are automatically and immediately closed
upon disconnection.
(d) Sources regulated by Paragraph (b) of this Rule shall
not:
(1) allow gasoline to be discarded in sewers or stored
in open containers or handled in any manner that
would result in evaporation, or
(2) allow the pressure in the vapor collection system to
exceed the tank truck or trailer pressure relief
settings.
(e) The owner or operator of a bulk gasoline terminal shall
paint all tanks used for gasoline storage white or silver at the
next scheduled painting or by December 1, 2002, whichever
occurs first.
(f) The owner or operator of a bulk gasoline terminal shall
install on each external fioating roof tank with an inside
diameter of 100 feet or less used to store gasoline a self-
supporting roof, such as a geodesic dome, at the next time
that the tank is taken out of service or by December 1, 2002,
whichever occurs first.
(g) The following equipment shall be required on all new
tanks storing gasoline at a bulk gasoline terminal when put
into service and shall be required on all existing tanks storing
gasoline at a bulk gasoline terminal by December 1, 1995:
(1) rim-mounted secondary seals on all external and
internal floating roof tanks,
(2) welded seams where possible, otherwise gaskets on
roof and deck fittings, and
(3) floats in the slotted guide poles with a gasket
around the cover of the poles.
(h) If, upon facility or operational modification of a bulk
gasoline terminal that existed before
December 1, 1992, an increase in benzene emissions results
such that:
(1) emissions of volatile organic compounds increase
by more than 25 tons cumulative at any time during
the five years following modifications; and
(2) annual emissions of benzene from the cluster where
the bulk gasoline terminal is located (including the
pipeline and marketing terminals served by the
pipeline) exceed benzene emissions from that
cluster based upon calendar year 1991 gasoline
throughput and application of the requirements of
this Subchapter,
the annual increase in benzene emissions due to the
modification shall be offset within the cluster by reduction in
benzene emissions beyond that otherwise achieved as a result
of compliance with this Rule, in the ratio of at least 1.3 to 1.
(i) The owner or operators of a bulk gasoline terminal that
has been permitted before December 1, 1992, to emit toxic
air pollutants under 15A NCAC 211 .0 6 10 2Q .0700 to
comply with Section .1100 of this Subchapter shall continue
to adhere to all terms and conditions of the permit issued
under 15A NCAC 211 .0610 IQ .0700 and to bring the
terminal into compliance with Section . 1 100 of this
Subchapter in accordance with the terms and conditions of the
permit, in which case the bulk gasoline terminal shall
continue to need a permit to emit toxic air pollutants and shall
be exempted from Paragraphs (e) through (h) of this Rule.
(j) Within one year after December 1, 1996, the Director
shall determine the incremental ambient benzene levels at the
fence line of any bulk gasoline terminal cluster resulting from
benzene emissions from such cluster and shall report his
findings to the Commission.
(k) The owner or operator of any bulk gasoline terminal
subject to this Rule that begins construction or is in operation
before December 1, 1992, shall submit:
(1) documentation that the control system meets the
limit of 35 milligrams per liter required under
Paragraph (c) of this Rule and that the requirements
of Paragraph (g) of this Rule have been met, or
(2) a compliance schedule by which the bulk gasoline
terminal shall come into compliance by December
1, 1995, with Paragraphs (c) or (g) of this Rule.
(1) The owner or operator of a bulk gasoline terminal shall
not load, or allow to be loaded, gasoline into any truck tank
or trailer unless the truck tank or trailer has been certified
leak tight in accordance with Rule .0932 of this Section
within the last 12 months.
Authority G.S. 143-21 5. 3 (a)(1); 143-215. 107(a)(5).
SECTION .1100 - CONTROL OF TOXIC AIR
POLLUTANTS
.1102 APPLICABILITY
(a) The toxic air pollutant rules in this Section apply to all
facilities that emit a toxic air pollutant that are required to
have permit under 15 A NCAC 211 .0 6 10. 2iQ .0700.
(b) Sources at facilities subject to this Section shall comply
with the requirements of this Section as well as with any
applicable requirements in Sections .0500, .0900, and .1200.
Authority G.S. 143-21 5. 3 (a)(1); 143-215. 107(a)(1), (3), (4).
(5); 143B-282; S.L. 1989, c. 168. s. 45.
.1103 DEFINITION
For the purpose of this Section, the following definitions
apply:
(1) (^ "Asbestos" means asbestos fibers as defined in
40 CFR 61.141.
"CAS Number" means the Chemical Abstract
ill
in
14i
Service registry number identifying a particular
substance.
"Cresol" means o-cresol. p-cresol. m-cresol or any
combination of these compounds.
"GACT" means any generally available control
technology emission standard applied to an area
source or facility pursuant to Section 1 12 of the
federal Clean Air Act.
653
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
(5) "Hexane isomers except n-hexane" means 2-methyl
pentane. 3-methvl pentane. 2.2-climethyl butane.
2.3-dimethvl butane, or any combination of these
compounds.
(6) "MACT" means any maximum achievable control
technology emission standard applied to a source or
facility pursuant to Section 112 of the federal Clean
Air Act.
(7) "Polychlorinated biphenvls" means any chlorinated
biphenyl compound or mixture of chlorinated
biphenvl compounds.
(8) t+^ "Toxic air pollutant" means any of those
carcinogens chronic toxicants, acute systemic
toxicants, or acute irritants that a r c listed in Rule
. 1 104 of this Section.
Authority G.S. 143-213: 143-215. 3(a)(1); 143B-282; S.L.
1989. c. 168, s. 45.
.1104 TOXIC AIR POLLUTANT GUIDELINES
fa) A facility shall not emit any of the following toxic air pollutants in such quantities that may cause or contribute beyond the
premises (adjacent property boundary) to any significant ambient air concentration that may adversely affect human health. In
determining these significant ambient air concentrations, the Division shall be guided by the following list of acceptable ambient
levels in milligrams per cubic meter at 77° F (25° C) and 29.92 inches (760 mm) of mercury pressure (except for asbestos):
Pollutant (CAS Number)
Annual
(Carcinogens)
24-hour
(Chronic
Toxicants)
1-hour
(Acute
Systemic
Toxicants)
,1-hour
(Acute Irritants)
m acetaldehyde (75-07-0)
27
Oi acetic acid (64-19-7)
3.7
e^ acrolein (107-02-8)
0.08
acrvlonitrile (107-13-1)
1.5 x 10-4
(4^ ammonia (7664-41-7)
2.7
ammonium chromate
(7788-98-9)
6.2 X lO'
ammonium dichromate
(7789-09-5)
6.2 X 10'
<^ aniline (62-53-3)
1
i€i arsenic and inorganic
arsenic compounds
2.3 X 10'
m asbestos (1332-21-4)
2.8 X 10"
fibers/ml
m aziridine (151-56-4)
0.006
benzene (71-43-2)
1.2 X 10 ■•
(9) benzidine and salts
(92-87-5)
1.5 X 10*
ti^) benzo(a)pyrene (50-32-8)
3.3 X 10'
tHi benzyl chloride (100-44-7)
0.5
t«) beryllium (7440-41-7)
4.1 X 10"
H3) beryllium chloride
(7787-47-5)
4.1 X 10'
12:8
NORTH CAROLINA REGISTER
October 15, 1997
654
PROPOSED RULES
Pollutant (CAS Number)
Annual
(Carcinogens)
24-hour
(Chronic
Toxicants)
1 -hour
(Acute
Systemic
Toxicants)
1-hour
(Acute Irritants)
(+4^ bers'llium tluonde
(7787-49-7)
4.1 X 10'
H-5t beryllium nitrate
(13597-99-4)
4.1 X 10'
(+6) bis-chloromethyl ether
(542-88-1)
3.7 X 10'
t¥P, bromine (7726-95-6)
0.2
1.3-butadiene (106-99-0)
1.7 X 10'
rt*> cadmium (7440-43-9)
5.5 X 10"
(+9) cadmium acetate
(543-90-8)
5.5 X 10'
t^O) cadmium bromide
(7789-42-6)
5.5 X 10'
calcium chromate (13765-19-0)
8.3 X 10'
ei-> carbon disulfide (75-15-0)
0.186
carbon tetrachloride (56-23-5)
6.7 X 10'
<-5^ chlorine (7782-50-5)
0.0375
0.9
te^ chlorobenzene (108-90-7)
■) T
chloroform (67-66-3)
4.3 X 10 ■'
(54^ chloroprene (126-99-8)
0.44
3.5
chromic acid (7738-94-5)
6.2 X 10-'
chromium (VI)
8.3 X 10'
e^t cresol (1319-77-3)
2.2
(26) p-dichlorobenzene
(106-46-7)
66
t¥h dichlorodifluoromethane
(75-71-8)
248
t^ dichlorofluoromethane
(75-43-4)
0.5
t^ di(2-ethylhexyl)phthalate
(117-81-7)
0.03
eet dimethyl sulfate (77-78-1)
0.003
t3+) 1,4-dioxane (123-91-1)
0.56
t*^ epichlorohvdrin (106-89-8)
8.3 X 10-
t^^ ethyl acetate (141-78-6)
140
t3+) ethylenediamine (107-15-3)
0.3
2.5
(
i
655
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
Pollutant fCAS Number)
Annual
(Carcinogens)
24-hour
(Chronic
Toxicants)
1 -hour
(Acute
Systemic
Toxicants)
1-hour
(Acute Irritants)
(35) ethylene dibromide
(106-93-4)
4.0 X lO'
(36) ethylene dichloride
(107-06-2)
3.8 X 10'
(37) ethylene glycol monoethyl
ether (110-80-5)
0.12
1.9
ethylene oxide (75-21-8)
2.7 X 10-
(38) ethyl mercaptan (75-08-1)
0.1
(39) fluorides
0.016
0.25
(40) formaldehyde (50^0a£)
0.015
(4+) hexachlorocyclopentadiene
(77-47-4)
0.0006
0.01
(42) hexachlorodibenzo-p-dioxin
(57653-85-7)
7.6 X 10'
HH n-hexane (110-54-3)
1.1
(44) hexane isomers except n-
hexane
360
(45) hydrazine (302-01-2)
0.0006
(46) hydrogen chloride
(7647-01-0)
0.7
(47) hydrogen cyanide (74-90-8)
0.14
1.1
(48) hydrogen fluoride
(7664-39-3)
0.03
0.25
(49) hydrogen sulfide
(7783-06-4)
2.1
(50) maleic anhydride
(108-31-6)
0.012
0.1
(5i) manganese and compounds
0.031
(52) manganese cyclopentadienyl
tricarbonyl (12079-65-1)
0.0006
(53) manganese tetroxide
(1317-35-7)
0.0062
(54) mercury, alkyl
0.00006
(55) mercury, aryl and inorganic
compounds
0.0006
(56) mercury, vapor (7439-97-6)
0.0006
(57) methyl chloroform (71-55-6)
12
245
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NORTH CAROLINA REGISTER
October 15, 1997
656
PROPOSED RULES
Pollutant (CAS Number)
Annual
(Carcinogens)
24-hour
(Chronic
Toxicants)
1 -hour
(Acute
Systemic
Toxicants)
1 -hour
(Acute Irritants)
methylene chloride (75-09-2)
2.4 X 10-
1.7
{5%) methyl ethyl ketone
(78-93-3)
3.7
88.5
(59) methyl isobutyl ketone
(108-10-1)
2.56
30
t60) methvl mercaptan (74-93-1)
0.05
t6i-) nickel carbonyl
(13463-39-3)
0.0006
(^^ mckel metal (7440-02-0)
0.006
ifi^ nickel, soluble compounds,
as nickel
0.0006
f6=H nickel subsultlde
(12035-72-2)
2,1 X 10-
t^M nitric acid (7697-37-2)
1
t6fr> nitrobenzene (98-95-3)
0.06
0.5
t6?1 N-nitrosodimethylamine
(62-75-9)
5.0 X 10-
t68) pentachlorophenol
(87-86-5)
0.003
0.025
perchloroethvlene (127-18-4)
1.9 X 10'
phenol (108-95-2)
0.95
tKn phosaene (75-44-5)
0.0025
<^H-> phosphine (7803-51-2)
0.13
t??> polvchlorinated biphenyls
(1336-36-3)
8.3 X 10'
potassium chromate
(7789-00-6)
6.2 X 10-"
potassium dichromate
(7778-50-9)
6.2 X 10'
sodium chromate (7775-11-3)
6.2 X 10-^
sodium dichromate
(10588-01-9)
6.2 X 10--'
strontium chromate (7789-06-2)
8.3 X 10'
6^ stvrene (100-42-5)
10.6
H^ sulfuric acid (7664-93-9)
0.012
0.1
tetrachlorodibenzo-p-dioxin
(1746-01-6)
3.0 X 10'
(
{
657
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
Pollutant (CAS Number)
Annual
(Carcinogens)
24-hour
(Chronic
Toxicants)
1-hour
(Acute
Systemic
Toxicants)
1-hour
(Acute Irritants)
t?5) l,l,l,2-tetrachloro-2,2,-
dinuoroethane (76-1 1-9)
52
t%) l,l,2,2-tetrachloro-l,2-
difluoroethane (76-12-0)
52
fFF) 1 , 1 ,+T2^2-tetrachloroethane
(79-34-5)
6.3 x 10-'
fW> toluene (108-88-3)
4.7
56
e:e+5
(79) toluenc-2,4-diisocyanatc
toluene diisocvanate, 2.4- (584-84-
9) and 2.6- (91-08-7) isomers
0.0002
trichloroethvlene (79-01-6)
5.9 X 10-
(66^ trichlorofluoromethane
(75-69-4)
560
mi 1,1,2-trichloro- 1,2,2-
trifluoroethane (76-13-1)
950
(82) vinyl chloride (75-01-4)
3.8 X 10'
(83) vinylidene chloride
(75-35-4)
0.12
(84) xylene (1330-20-7)
2.7
65
zinc chromate (13530-65-9)
8.3 X 10"
Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(3). (4), (5); 143B-282; S.L. 1989, c. 168, s. 45.
. 1 106 DETERMINATION OF AMBIENT AIR
CONCENTRATION
(a) Modeling shall not be used for enforcement. Modeling
shall be used to determine process operational and air
pollution control parameters and emission rates for toxic air
pollutants to place in the air quality permit for that facility
that will prevent any of the acceptable ambient levels in Rule
.1104 of this Section from being exceeded, with such
exceptions as may be allowed under 15 A NCAC 2Q. .0700.
211 .0610. Enforcing these permit stipulations and conditions
shall be the mechanism used to ensure that the requirements
of Rule . 1 104 of this Section, with such exceptions as may be
allowed by 15 A NCAC 2Q .0700. 211 .0610, are met.
(b) The owner or operator of the facility may request the
Division to perform a modeling analysis of the facility or
provide the analysis himself. If the owner or operator of the
facility requests the Division to perform the modeling
analysis, he shall provide emissions rates, stack parameters.
and other information that the Division needs to do the
modeling. The data that the owner or operator of the facility
provides the Division to use in the model or in deriving the
data used in the model shall be the process, operational and
air pollution control equipment parameters and emission rates
that will be contained in the facility's permit. If the
Division's initial review of the modeling request indicates
extensive or inappropriate use of state resources or if the
Division's modeling analysis fails to show compliance with
the acceptable ambient levels in Rule .1104 of this Section.
the modeling demonstration becomes the responsibility of the
owner or operator of the facility.
fb) tsj The When the owner or operator of the facility
shaH — be is responsible for providing the modeling
demonstration and the data used in the model. The modeling,
the owner or operator of the facility shall use in the model or
in deriving data used in the model the process operational and
air pollution control equipment parameters and emission rates
that will be contained in his permit. Sources that are not
required to be included in the model will not be included in
the permit to emit toxic air pollutants.
(d) For the following pollutants, modeled emission rates
will be based on the highest emissions occurring in any single
15 minute period. The resultant modeled 1 -hour
12:8
NORTH CAROLINA REGISTER
October 15, 1997
658
PROPOSED RULES
concentrations are then compared to the applicable 1 -hour
acceptable ambient levels to determine compliance. These
pollutants are:
yj acetaldehyde (75-07-0)
acetic acid (64-19-7)
acrolein
L21
lii
(4]
15)
16]
m
£9}
(10)
IQ7-02-8)
ammonia (7664-41-7)
bromine (7726-95-6)
chlorine (7782-50-5)
formaldehyde (50-00-0)
hydrogen chloride (7647-01-0)
hydrogen fluoride (7664-39-3)
nitric acid (7697-37-2)
(e) The owner or operator of the facility and the
Division may use any model allowed by 40 CFR 51.166(1)
provided that the model is appropriate for the facility being
modeled. The owner or operator or the Division may use a
model other than one allowed by 40 CFR 51.166(1) provided
that the model is equivalent and the use of the model is
approved by the Director, di r ecto r . Regardless of model
used, the owner or operator and the Di\ision shall model for
cavity effects and shall comply with the modeling
requirements for stack height set out in Rule .0533 of this
Subchapter.
t^ iXl Ambient air concentrations are to be evaluated for
annual periods over a calendar year, for 24-hour periods from
midnight to midnight, and for one-hour periods beginning on
the hour, hou r , and fo r 15-minutc pe r iods beginning on the
hou r o r 15. 30, o r 45 minutes afte r the hou r .
t&) Igi The owner or operator of the facility shall identify
each toxic air pollutant emitted and its corresponding
emission rate using mass balancing analysis, source testing,
or other methods acceptable to the Director, di r ecto r .
tf) llD The owner or operator of the facility shall submit a
modeling plan to the Director di r ecto r and shall have received
approval of that plan from the Director di r ecto r before
submitting a modeling demonstration to the Director.
di r ecto r . The modeling plan shall include:
(1) a diagram of the plant site, including locations of
all stacks and associated buildings;
(2) on-site building dimensions;
(3) a diagram showing property boundaries, including a
scale, key and north indicator;
(4) the location of the site on a United States
Geological Survey (USGS) map;
(5) discussion calculation of good engineering stack
height and building wake effects for each stack;
(6) discussion of aH — as p ects — ©f — the — p r oject — not
accounted fo r in a simple — flat te rr ain model,
including cavity calculations, impact on rolling and
complex terrain, building wake effects, and
urban' rural considerations;
(7) discussion of reasons for model selection;
(8) discussion of meteorological data to be used; and
(9) discussion of sources emitting the pollutant that are
not to be included in the model with an explanation
of wh\' thev are being excluded (i.e. wh\' the source
will not affect the modeling analysis): and
f9) (10) any other pertinent information.
Authority G.S. 143-2 1 5. 3 (a)(1); 143-215. 107(a)(3). (5);
143B-282: S.L. 1989, c. 168. s. 45.
.1109 1120) CASE-BY-CASE MAXEVIUM
ACfflEVABLE CONTROL TECHNOLOGY
(a) Applicability. This Rule applies only to sources of
hazardous air pollutants required to have a permit under 15A
NCAC 2Q .0500.
(b) Effective. This Rule shall apply only after it and 15A
NCAC 2Q .0500 have been approved by the EPA.
(c) Definitions. For the purposes of this Rule the following
definitions apply:
(1)
(2)
01
"Control technology" means measures, processes,
methods, systems, or techniques to limit the
emission of hazardous air pollutants including
measures that:
(A) reduce the quantity, or eliminate emissions,
of such pollutants through process changes,
substitution of materials, or other
modifications;
or processes to eliminate
(B)
enclose systems
emissions;
(C)
collect, capture
when released
or treat such pollutants
from a process, stack,
storage, or fugitive emission point;
(D) are design, equipment, work practice, or
operational standards (including requirements
for operator training or certification) as
provided in 42 USC 7412(h); or
(E) are a combination of Parts (A) through (D)
of this definition.
"Emission point" means any part or activity of a
facility that emits or has the potential to emit, under
current operational design, any hazardous air
pollutants.
"Emission unit" means any building, structure.
facility, or installation. This could include an
emission point or collection of emission points,
within a major source, which the Director
determines is tlie appropriate entity for making a
MACT determination under Section 112 (i) of the
federal Clean Air Act, i.e.. any of the following:
(A) an emission point that can be individually
controlled;
(B) the smallest grouping of emission points, that
when collected together can be commonly
controlled by a single control device or work
practice;
(C) any grouping of emission points, that, when
collected together can be commonly
controlled by a single control device ot work
practice;
(D) a grouping of emission points that are
functionally related. Equipment is
659
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
functionally related if the operation or action
for which the equipment was specifically
designed could not occur without being
connected with or without relying on the
operation of another piece of equipment;
(E) the entire geographical entity comprising a
major source in a source category subject to
a MACT determination under Section 112 {])
of the federal Clean Air Act.
t3) £4} "EPA" means the United States Environmental
Protection Agency or the Administrator of U.S.
Environmental Protection Agency.
(4) (5} "Existing facility" means a facility for which
construction is commenced before EPA proposed a
standard, applicable to the facility, under Section
1 12(d) or (h) of the federal Clean Air Act, or if no
proposal was published, then on or before the
Section 112(j) deadline.
(5) £6} "Existing source" means a source, construction
or reconstruction of which is commenced before
EPA proposed a standard, applicable to the source,
under Section 1 12(d) or (h) of the federal Clean Air
Act, or if no proposal was published, then on or
before the Section 112(J) deadline.
(6) £7) "Hazardous air pollutant" means any pollutant
listed under Section 1 12(b) of the federal Clean Air
Act.
(?) £81 "MACT" means maximum achievable control
technology.
tS) £9} "Maximum achievable control technology"
means:
(A) for existing sources,
(i) a MACT standard that EPA has
proposed or promulgated for a
particular category of facility or
source,
(ii) the average emission limitation
achieved by the best performing 12
percent of the existing facilities or
sources for which EPA has emissions
information if the particular category
of source contains 30 or more sources,
or
(iii) the average emission limitation
achieved by the best performing five
facilities or sources for which EPA
has emissions information if the
particular category of source contains
fewer than 30 sources, or
(B) for new sources, the maximum degree of
reduction in emissions that is deemed
achievable but not less stringent than the
emission control that is achieved in practice
by the best controlled similar source.
i9i £101 "MACT floor" means:
(A) for existing sources;
tm-
011
mi
(i) the average emission limitation
achieved by the best performing 12
percent of the existing sources in the
United States (for which EPA has
emissions information) excluding those
sources that have, within 18 months
before the emission standard is
proposed or within 30 months before
such standard is promulgated,
whichever is later, first achieved a
level of emission rate or emission
reduction which complies, or would
comply if the source is not subject to
such standard, with the lowest
achievable emission rate (as defined in
Section 171 of the federal Clean Air
Act) applicable to the source category
or subcategory for categories and
subcategories with 30 or more
sources, or
(ii) the average emission limitation
achieved by the best performing five
sources in the United States (for which
EPA has emissions or reasonably
could obtain emission information) in
the category or subcategory of sources
with fewer than 30 sources;
(B) for new sources, the emission limitation
achieved in practice by the best controlled
similar source.
"Modification" means any p hysical change in, or
change in the method of o p e r ation of, a facility
which — inc r eases — the — actual — emissions — of — any
haza r dous ai r p ollutant emitted by that facility by
mo r e than a de minimis amount specified in 40
CER Pa r t 63 o r which r esults in the emissions of
any haza r dous ai r pollutant not pr eviously emitted
by that facility by mo r e than a de minimis amount
s p ecified in 40 CER Pa r t 63.
"New emission unit" means an emission unit for
which construction or reconstruction is commenced
after the section 1 12(j) of the federal Clean Air Act
deadline, or after proposal of a relevant standard
under section 112(d) or section 112(h) of the
federal Clean Air Act £as amended in 1990).
whichever comes first, except that, as provided by
40 CFR 63.52(f)(1). an emission unit, at a major
source, for which construction or reconstruction is
commenced before the date upon which the area
source becomes a major source, shall not be
considered a new emission unit iL after the addition
of such emission unit, the source is still an area
source.
(12) "New facility" means a facility for which
construction is commenced after the Section 112(j)
deadline, or after proposal of a relevant standard
12:8
NORTH CAROLINA REGISTER
October 15, 1997
660
PROPOSED RULES
under Section 1 12(d) or (h) of the federal Clean Air
Act, whichever comes first,
tf^ (13) "New source" means a source for which
construction or reconstruction is commenced after
the Section 112(j) deadline, or after proposal of a
relevant standard under Section 112(d) or (h) of the
federal Clean Air Act, whichever comes first.
f4^ (14) "Section 112(j) deadline" means the date
occurring 18 months after the scheduled
promulgation date of a relevant standard under
Section 112(e)(1) and (3) of the federal Clean Air
Act. The applicable date for categories of sources is
contained m the source category schedule for
standards.
t+H ( 15) "Similar source" means a source that has
comparable emissions and is structurally similar in
design and capacity to other sources such that the
source could be controlled using the same control
technology.
(+5) (16) "United States" means the United States, their
possessions and territories,
(d) Missed promulgation dates: 112(j). If EPA fails to
promulgate a standard for a categon,' of source under Section
112 of the federal Clean Air Act by the date established
pursuant to Sections 112(e)(1) or (3) of the federal Clean Air
Act, the owner or operator of any source in such category'
shall submit, within 18 months after such date, a permit
application, in accordance with the procedures in 15A NCAC
2Q .0526, to the Director to apply MACT to such sources.
Sources subject to this Paragraph shall be in compliance with
this Rule within three years from the date that the permit is
issued.
(c> Modifications of existing facilities : 112(g). The owne r
o r o p e r ato r of an existing facilit\ ' shall a pp ly MACT to all
sou r ces in that facility that a r e modified o r involved in a
modification. MACT fo r new sou r ces shall be a p plied to
sou r ces — at — an — existing — facility — that — are — constructed — or
r ccongtructcd.
tft ie] New facilities. The owner or operator of any new
facility shall apply MACT to the new facility before
begirming construction and operation.
;as e d
t?l racilitics subject to MACT because of inc r ea
emissions. If a facility becomes subject to the r equi r ements of
15 A NCAC 2Q .0500 because of inc r eased emissions of
haza r dous ai r p ollutants, the owne r o r ope r ato r of the facility
shall submit a pe r mit application in acco r dance with 15A
NCAC 2Q .0526 :
t+) If an existing facility becomes a major facility
subject to the r equi r ements of 15A NCAC 2Q
.0500 by the addition of a sou r ce o r as a r esult of
r econstructing, that added sou r ce o r r econstructed
source shall com p ly with all r equi r ements of this
Rule that affect new sou r ces and shall comply with
new sou r ce MACT r equirements befo r e beginning
o p e r ation.
f?^ If a facility, that is constructed afte r the ap p licable
MACT r equi r ements have been t r igge r ed unde r
Pa r ag r a p h (d) of this Rule, becomes subject to th e
r equi r ements of 15A NCAC 2Q .0500 because of a
r elaxation of a fede r ally enfo r ceable emission limit
on the ca p acity of a sou r ce to emit a hazardous air
p ollutant, then that sou r ce shall com p ly with new
sou r ce MACT r equi r ements befo r e the date of the
limit's r elaxation.
tfr) ili Case-by-case MACT determination. The owner or
operator of the source shall determine MACT according to 40
CFR 63.55(a).
ttt (^ Monitoring and recordkeeping. The owner or
operator of a source subject to this Rule shall install, operate,
and maintain monitoring capable of detecting deviations from
each applicable emission limitation or other standards with
sufficient reliability and timeliness to determine continuous
compliance over the applicable reporting period. Such
monitoring data may be used as a basis for enforcing
emissions limitations established under this Rule.
Authority G.S. 143-215. 3(a)(1): 143-215. 107(a)(5). (10).
.1112 112(g) CASE BY CASE MAXIMUM
ACHIEVABLE CONTROL TECHNOLOGY
(a) Applicability. This Rule applies to the construction or
reconstruction of major sources of hazardous air pollutants
unless:
(1) the major source has been specifically regulated or
exempted from regulation under:
(A) Rule . 1109 or . 1 1 1 1 of this Section, or
(B) a standard issued pursuant to Section 112(d),
112(h). or 112(j) of the federal Clean Air
Act and incorporated in another subpart of
40 CFR Part 63, or
(2) the owner or operator of such major source has
received aU necessary air quality permits for such
construction or reconstruction project before July J^
1998.
(b) E.xclusions. The requirements of this Rule shall not
apply to:
(1) electric utility steam generating imits unless and
until such time as these units are added to the
source category' list pursuant to Section 112(c)(5) of
the federal Clean Air Act.
(2) stationary' sources that are within a source category
that has been deleted from the source category list
pursuant to Section 112(c)(9) of the federal Clean
Air Act.
(3) research and development activities.
(c) Defmitions. For the purposes of this Rule, the following
definitions apply:
(1) "Affected source" means the stationary source or
group of stationary sources that, when fabricated
(on site), erected, or installed meets the definition
of "construct a major source" or the definition of
"reconstruct a major source" contained in this
Paragraph.
(2) ".Affected States" means all States or local air
661
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
£3}
(41
m
£Ci
(D) data and
pollution agencies whose areas of jurisdiction are:
(A) contiguous to North Carolina and located less
than D = 0/12.5 from the facility, where:
£ij O = emissions of the pollutant emitted
at the highest permitted rate in tons
per year, and
(ii) D ^ distance from the faciliry to the
contiguous state or local air pollution
control agency in miles.
(B) within 50 miles of the permitted facility.
"Available information" means, for purposes of
identifying control technology options for the
affected source, information contained in the
following information sources as of the date of
approval of the MACT determination by the
Division:
(A) a relevant proposed regulation, including all
supporting information:
background information documents for a
draft or proposed regulation:
data and information available from the
Control Technology Center developed
pursuant to Section 113 of the federal Clean
Air Act:
data and information contained in the
Aerometric Informational Retrieval System
including information in the MACT data
base:
(E) any additional information that can be
expeditiously provided by tlie Division and
EPA: and
(F) for thie purpose of determinations by the
Division. any additional information
provided by the applicant or others, and any
additional information considered available
by the Division.
"Construct a major source" means:
(A) To fabricate, erect, or install at any
greenfield site a stationary source or group
of stationary sources which is located within
a contiguous area and under common control
and which emits or has tlie potential to emit
10 tons per year of any HAP's or 25 tons per
year of any combination of HAP, or
(B) To fabricate, erect, or install at any
developed site a new process or production
unit which in and of itself emits or lias the
potential to emit 10 tons per year of any
HAP OT 25 tons per year of any combination
of HAP, unless the process or production
unit satisfies Subparts ii) through (vi) of this
Paragraph:
lii All HAP emitted by the process or
production unit that would otherwise
be controlled under the requirements
of this Rule will be controlled by
liii Ihe.
(iv)
lYl
emission control equipment which was
previously installed at the same site as
the process or production unit:
The Division:
(I) has determined within a period
of five years prior to the
fabrication. erection. or
installation of the process or
production unit that the existing
emission control equipment
represented best available
control technology (BACT)
under Rule .0530 of this
Subchapter or lowest achievable
emission rate (LAER) under
Rule .0531 of this Subchapter
for the category of pollutants
which includes those HAP's to
be emitted by the process or
production unit: or
(II) determines that the control of
HAP emissions provided by the
existing equipment will be
equivalent to that level of
control currently achieved by
other well-controlled similar
sources (i.e.. equivalent to the
level of control that would be
provided by a current BACT.
LAER. or MACT determination
under Rule .1109 of this
Section):
(iii) The Division determines that the
percent control efficiency for
emissions of HAP from al] sources to
be controlled by the existing control
equipment will be equivalent to the
percent control efficiency provided by
the control equipment prior to the
inclusion of the new process or
production unit:
The Division has provided notice and
an opportunity for public comment
concerning its determination that
criteria in Subparts (i). (ii). and (iii) of
this Subparagraph apply and
concerning the continued adequacy of
any prior LAER. BACT. or MACT
determination under Rule .1109 of this
Section:
If any commenter has asserted that a
prior LAER. BACT. oi MACT
determination under Rule .1109 of this
Section determination is no longer
adequate, the Division has determined
that the level of control required by
12:8
NORTH CAROLINA REGISTER
October 15, 1997
662
PROPOSED RULES
that prior determination remains
adequate: and
(vi) Any emission limitations. work
practice requirements, or other terms
and conditions upon which the above
determinations by the Division are
predicated will be construed by the
Division as applicable requirements
under Section 504(a) of the federal
Clean Air Act and either have been
incorporated into an existing permit
issued under 15A NCAC 20 .0500 for
the affected facility or will be
incorporated into such permit upon
issuance.
(5) "Control technology" means measures, processes,
methods, systems, or techniques to limit the
emission of hazardous air pollutants including
measures that:
(A) reduce the quantity of. or eliminate
emissions of. such pollutants through process
changes, substitution of materials or other
modifications:
(B) enclose systems or processes to eliminate
emissions:
(C) collect, capture or treat such pollutants when
released from a process, stack, storage or
fugitive emissions point:
(D) are design, equipment, work practice, or
operational standards (including requirements
for operator training or certification) as
provided in 42 U.S.C. 7412(h): or
(E) are a combination of Parts (A)-(D) of this
definition.
(6) "Electric utility steam generating unit" means any
fossil fuel fired combustion unit of more than 25
megawatts that serves a generator that produces
electricity for sale. A unit that co-generates steam
and electricity and supplies more than one-third of
its potential electric output capacity and more than
25 megawatts electric output to any utility power
distribution system for sale shall be considered an
electric utility steam generating unit.
(7) "Greenfield site" means a contiguous area under
common control that is an undeveloped site.
(8) "HAP" means hazardous air pollutants.
(9) "Hazardous air pollutant" means any pollutant listed
under Section 1 12 {b] of the federal Clean Air Act.
(10) "List of source categories" means the source
category list required by Section 1 12(c) of the
federal Clean Air Act.
(11) "MACT" means maximum achievable control
technology.
(12) "Maximum achievable control technology emission
limitation for new sources" means the emission
limitation which is not less stringent than the
emission limitation achieved in practice by the best
controlled similar source, and which reflects the
maximum degree of reduction in emissions that the
permitting authority, taking into consideration the
cost of achieving such emission reduction, and any
non-air qualitv health and environmental impacts
and energy requirements, determines is achievable
by the constructed or reconstructed major source.
(13) "Process or production unit" means any collection
of structures or equipment, that processes,
assembles, applies, or otherwise uses material
inputs to produce or store an intermediate or final
product. A single facility may contain more than
one process or production unit.
(14) "Reconstruct a major source" means the
replacement of components at an existing process
or production unit that in and of itself emits or has
the potential to emit 10 tons per year of any HAP
or 25 tons per year of any combination of HAP,
whenever:
(A) The fixed capital cost of the new components
exceeds 50 percent of the fixed capital cost
that would be required to construct a
comparable process or production unit: and
(B) It is technically and economically feasible for
the reconstructed major source to meet the
applicable maximum achievable control
technology emission limitation for new
sources established under this Subpart.
(15) "Research and development activities" means
activities conducted at a research or laboratory
facility whose primary purpose is to conduct
research and development into new processes and
products, where such source is operated under the
close supervision of technically trained personnel
and is not engaged in the manufacture of products
for sale or exchange for commercial profit, except
'made minimis manner.
(16) "Similar source" means a stationary source or
process that has comparable emissions and is
structurally similar in design and capacity to a
constructed or reconstructed major source such that
the source could be controlled using the same
control technology.
(d) Principles of MACT determinations. The following
general principles shall be used to make a case-by-case
MACT determination concerning construction or
reconstruction of a major source under this Rule:
(1) The MACT emission limitation or MACT
requirements recommended by the applicant and
approved by the Division shall not be less stringent
than the emission control that is achieved in
practice by tJie best controlled similar source, as
determined by the Division.
(2) Based upon available information, the MACT
emission limitation and control technology
(including any requirements under Subparagraph
(3) of this Paragraph) recommended by the
663
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
applicant and approved by the Division shall
achieve the maximum degree of reduction in
emissions of HAP that can be achieved by utilizing
those control technologies that can be identified
from the available information, taking into
consideration the costs of achieving such emission
reduction and any non-air quality health and
environmental impacts and energy requirements
associated with the emission reduction.
(3) The owner or operator may recommend a specific
design, equipment, work practice, or operational
standard, or a combination thereof, and the
Director may approve such a standard if the
Division specifically determines that it is not
feasible to prescribe or enforce an emission
limitation under the criteria set forth in Section
1 r2(h)(2) of the federal Clean Air Act.
(4) If the EPA has either proposed a relevant emission
standard pursuant to Section 1 12(d) or 1 12(h) of the
federal Clean Air Act or adopted a presumptive
MACT determination for the source category that
includes the constructed or reconstructed major
source, then the MACT requirements applied to the
constructed or reconstructed major source shall
have considered those MACT einission limitations
and requirements of tlie proposed standard or
presumptive MACT determination.
(e) Effective date of MACT determination. The effective
date of a MACT determination shall be the date of issuance
of a permit under procedures of 15A NCAC 20 .0300 or
.0500 incorporating a MACT determination.
(f) Compliance date. On and after the date of start-up. a
constructed or reconstructed major source that is subject to
the requirements of this Rule shall be in compliance with all
applicable requirements specified in the MACT
determination.
(g) Compliance with MACT determinations. The owner
or operator of a constructed or reconstructed major source
that:
(1) is subject to a MACT determination shall comply
with all requirements set forth in the permit issued
under 15A NCAC 2Q .0300 or .0500. includin g
any MACT emission limitation or MACT work
practice standard, and any notification, operation
and maintenance, performance testing, monitoring,
reporting, and recordkeeping requirements.
(2) has obtained a MACT determination shall be
deemed to be in compliance with Section
112(g)(2)(B) of the federal Clean Air Act only to
the extent that the constructed or reconstructed
major source is in compliance with all requirements
set forth in the permit issued under 15A NCAC 20
.0300 or .0500. Any violation of such
requirements by the owner of operator shall bg
deemed by the Division and by EPA to be a
violation of tlie prohibition on construction or
reconstruction in Section 1 12(g)(2)(B) of the federal
Clean Air Act for whatever period the owner or
operator is determined to be in violation of such
requirements, and shall subject the owner or
operator to appropriate enforcement action under
the General Statutes and the federal Clean Air Act.
(h) Requirements for constructed or reconstructed major
sources subject to a subsequentlv promulgated MACT
standard or MACT requirement. If EPA promulgates an
emission standard under Section 112(d) or 112(h) of the
federal Clean Air Act or the Division issues a determination
under Rule .1109 of tJiis Section that is applicable to a
stationary source or group of sources that would be deemed to
be a constructed or reconstructed major source under this
Rule:
(1) before the date that the owner or operator has
obtained a final and legally effective MACT
determination under 15A NCAC 2Q .0300 or
.0500. the owner or operator of tlie source(s) shall
comply with the promulgated standard or
determination rather than any MACT determination
under this Rule by the compliance date in the
promulgated standard.
(2) after the source has been subject to a prior case-by-
case MACT under this Rule, and the owner or
operator obtained a final and legally effective case-
by-case MACT determination prior to the
promulgation date of such emission standard, the
Division shall [if the initial permit has not yet been
issued under 15A NCAC 20 .0500) issue an initial
permit that incorporates the emission standard or
determination, or shall £if tlie initial permit has
been issued under 15A NCAC 20 .0500) revise the
permit according to tlie reopening procedures in
15A NCAC 2Q .0517. Reopening for Cause,
whichever is relevant, to incorporate the emission
standard or determination.
£il Compliance with subsequent 112 (d). 112(h). or 112 (jj
standards. EPA may include in the emission standard
established under Section 112(d) or 112(h) of tlie federal
Clean Air Act a specific compliance date for those sources
that have obtained a final and legally effective MACT
determination under this Rule and that have submitted the
information required by 40 CFR 63.43 to EPA before the
close of the public comment period for the standard
established under section 1 12(d) of the federal Clean Air Act.
Such date shall assure that the owner or operator shall comply
with the promulgated standard as expeditiously as practicable,
but not longer than eight years after such standard is
promulgated. In that event, the Division shall incorporate the
applicable compliance date in tlie permit issued under 15A
NCAC 20 .0500. If QQ compliance date has been established
in the promulgated 1 12(d) or 112(h) standard or determination
under Rule .1109 of tJiis Section, for those sources that have
obtained a final and legally effective MACT determination
under this Rule, then the Director shall establish a compliance
12:8
NORTH CAROLINA REGISTER
October 15, 1997
664
PROPOSED RULES
date in the permit that assures that the owner or operator shall
comply with the promulgated standard or determination as
expeditiously as practicable, but not longer than eight years
after such standard is promulgated or a determination is made
under Rule . 1 109 of this Section.
ijj Revision of permit to incorporate less stringent control.
Notwithstanding the requirements of Paragraph (h) of this
Rule, if the Administrator of EPA promulgates an emission
standard under Section 1 12(d) or Section ll-(h) of the federal
Clean Air Act or the Division issues a determination under
Rule .1109 of this Section that is applicable to a stationary
source or group of sources that was deemed to be a
constructed or reconstructed major source under this Rule and
that is tlie subject of a prior case-bv-case MACT
determination pursuant to 40 CFR 63.43. and the level of
control required by the emission standard issued under
Section 1 12(d) or 1 12(h> or the determination issued under
Rule . 1 109 of this Section is less stringent than the level of
control required b^: anv emission limitation or standard in the
prior MACT determination, the Division js not required to
incorporate an> less stringent terms of (lie promulgated
standard in the permit issued under 15A N'CAC 20 .0500
applicable to such source(s) and may consider any more
stringent provisions of the prior MACT determination to be
applicable legal requirements when issuing or revising such
an operating permit.
Authorm- G.S. 143-21 5. 3(aj(l): 143-215. 107(a)(5), (10).
SECTION .1200 - CONTROL OF EMISSIONS FROM
INCEVERATORS
.1201 PURPOSE AND SCOPE
(a) This Section sets forth rules for the control of the
emissions of air pollutants from incinerators.
(b) The rules in this Section apply to all types of
incinerators as defined by 15A NCAC 2D .0101(19),
including incinerators with heat recovery and industrial
incinerators. The rules in this Section do not apply to
afterburners, flares, fume incinerators, and other similar
devices used to reduce the emissions of air pollutants from
processes, whose emissions shall be regulated as process
emissions.
(c) This Section does not apply to any boilers or industrial
furnaces that burn waste as a fuel.
(d) This Section does not apply to air curtain burners,
which shall comply with Section .1900 of this Subchapter.
(e) This Section does not apply to incinerators used to
dispose of dead animals or poultry that meet the following
requirements:
(1) The incinerator is located on a farm and is owned
and operated by the farm owner or by the farm
operator;
(2) The incinerator is used solely to dispose of animals
or poultry originating on the farm where the
incinerator is located;
(3) The incinerator is not charged at a rate that e.xceeds
its design capacity; and
(4) The incinerator complies with Rule .0521 (visible
emissions) and .0522 (odorous emissions) of this
Subchapter.
(f) If the incinerator is used solely to cremate pets or if the
emissions of all toxic air pollutants from an incinerator and
associated waste handling and storage are less than the levels
listed in I5A NCAC 211 .0 6 10(h), 2Q .0711. the incinerator
shall be exempt from Rules .1205(f) through (p), and .1206
of this Section. Sewage sludge incinerators, sludge
incinerators and municipal waste combustors at small and
large municipal waste combustor plants are not eligible for
exemption under this Paragraph.
(g) If an incinerator can be defined as being more than one
type of incinerator, then the following order shall be used to
determine the standards and requirements to apply; hazardous
waste incinerators, sewage sludge incinerators, sludge
incinerators, municipal waste combustor at a large or small
municipal waste combustor plant, medical waste incinerators,
crematory incinerators, and other incinerators.
Authorin- G.S. 143-215. 3(a)(1); 143-215. 107(a)(1), (3), (4),
(5).
.1205 EMISSION STANDARDS
(a) The emission standards in this Rule apply to all
incinerators except where Rule .0524, .1110, or .1111 of this
Subchapter applies except that Subparagraphs(p)(2) and (4) of
this Rule shall control in any event.
(b) Particulate matter.
( 1 ) Hazardous waste incinerators shall meet the
particulate matter requirements of 40 CFR
264.343(c).
(2) The emissions of particulate matter from each
municipal waste combustor located at a small
municipal waste combustor plant shall not exceed
70 milligrams per dry standard cubic meter,
corrected to seven percent oxygen.
(3) The emissions of particulate matter from each
municipal waste combustor located at a large
municipal waste combustor plant shall not exceed
27 milligrams per dry standard cubic meter
corrected to seven percent oxygen.
(4) Conical incinerators covered by Rule .0523 of this
Subchapter shall comply with that Rule instead of
this Paragraph.
(5) Any incinerators not covered under Subparagraphs
(1), (2), (3), or (4) of this Paragraph shall comply
with one of the following emission standards for
particulate matter;
(A) The emission of particulate matter from any
stack or chimney of an incinerator shall not
exceed:
Refuse Charge
In Lb/Hour
Allowable Emission Rate
For Particulate Matter
In Lb/Hour
665
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12:8
PROPOSED RULES
Oto 100
200
500
1,000
2,000 and Above
0.2
0.4
1.0
2.0
4.0
For a refuse charge between any two
consecutive rates stated in the preceding
table, the allowable emissions rate for
particulate matter shall be calculated by the
equation E=0.002P. E = allowable emission
rate for particulate matter in lb/hour.
P = refuse charge in lb/hour.
(B) Instead of meeting the standards in Part
(b)(5)(A) of this Rule, the owner or operator
of an incinerator may choose to limit
particulate emissions from the incinerator to
0.08 grains per dry standard cubic foot
corrected to 12 percent carbon dioxide. In
order to choose this option, the owner or
operator of the incinerator shall demonstrate
that the particulate ambient air quality
standards will not be violated. To correct to
12 percent carbon dioxide, the measured
concentration of particulate matter is
multiplied by 12 and divided by the
measured percent carbon dioxide.
(c) Sulfur dioxide.
(1) The emissions of sulfur dioxide from each
municipal waste combustor located at a small
municipal waste combustor plant shall be reduced
by at least 50 percent by weight or volume or to no
more than 80 parts per million by volume corrected
to seven percent oxygen (dry basis), whichever is
less stringent. Compliance with this emission limit
is based on a 24-hour daily geometric mean.
(2) The emissions of sulfur dioxide from each
municipal waste combustor located at a large
municipal waste combustor plant shall be reduced
by at least 75 percent by weight or volume or to no
more than 31 parts per million by volume corrected
to seven percent oxygen (dry basis), whichever is
less stringent. Compliance with this emission limit
is based on a 24-hour daily geometric mean.
(3) Any incinerator not covered under Subparagraphs
(1) and (2) of this Paragraph shall comply with
Rule .0516 of this Subchapter.
(d) Visible emissions.
(1) The emission limit of opacity from each municipal
waste combustor located at a small or large
municipal waste combustor plant shall not exceed
10 percent (6-minute average).
(2) Air curtain incinerators shall comply with Rule
. 1904 of this Subchapter.
(3) Any incinerator not covered under Paragraphs (1)
and (2) of this Paragraph shall comply with Rule
.0521 of this Subchapter,
(e) Odorous emissions. Incinerators shall comply with
Rule .0522 of this Subchapter.
(0 Hydrogen chloride.
(1) The emissions of hydrogen chloride from each
municipal waste combustor at small municipal
waste combustor plants shall be reduced by at least
50 percent by weight or volume or to no more than
250 parts per million by volume corrected to seven
percent oxygen (dry basis), whichever is less
stringent.
(2) The emissions of hydrogen chloride from each
municipal waste combustor at large municipal waste
combustor plants shall be reduced by at least 95
percent by weight or volume or to no more than 31
parts per million by volume, corrected to seven
percent oxygen (dry basis), whichever is less
stringent.
(3) Hazardous waste incinerators shall meet the
hydrogen chloride emissions requirements of 40
CFR 264.343(b).
(4) Emissions of hydrogen chloride from all other
incinerators shall not exceed four pounds per hour
unless it is reduced by at least 90 percent by weight
or to no more than 50 parts per million by volume
corrected to seven percent oxygen (dry basis).
(g) Mercury emissions.
(1) Emissions of mercury from each municipal waste
combustor at a small or large municipal waste
combustor plant shall be reduced by at least 85
percent by weight or shall not exceed 0.08
milligrams per dry standard cubic meter, corrected
to seven percent oxygen, whichever is less
stringent.
(2) Emissions of mercury from sludge incinerators and
sewage sludge incinerators are regulated under 15A
NCAC 2D .1110.
(3) Emissions of mercury and mercury compounds
from the stack or chimney of a hazardous waste
incinerator, medical waste incinerator, or any other
type incinerator shall not exceed 0.032 pounds per
hour.
(h) Beryllium Emissions. Beryllium emissions from
sludge incinerators and sewage sludge incinerators shall
comply with 15A NCAC .1110 of this Subchapter.
(i) Lead Emissions.
(1) Emissions of lead from each municipal waste
combustor at a small municipal waste combustor
plant shall not exceed 1.6 milligrams per dry
standard cubic meter, corrected to seven percent
oxygen.
(2) Emissions of lead from each municipal waste
combustor at a large municipal waste combustor
plant shall not exceed 0.49 milligrams per dry
standard cubic meter, corrected to seven percent
oxygen.
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666
PROPOSED RULES
(3) The daily concentration of lead in sewage sludge
fed to a sewage sludge incinerator shall meet the
requirements specified in 40 CFR 503.43(c).
(j) Cadmium Emissions.
(1) Emissions of cadmium from each municipal waste
combustor at a small municipal waste combustor
plant shall not e.xceed 0.10 milligrams per dry
standard cubic meter, corrected to seven percent
oxygen.
(2) Emissions of cadmium from each municipal waste
combustor at a large municipal waste combustor
plant shall not exceed 0.040 milligrams per dry
standard cubic meter, corrected to seven percent
oxygen.
(k) Other Metal Emissions. The daily concentration of
arsenic, cadmium, chromium, and nickel m sewage sludge
fed to a sewage sludge incinerator shall meet the requirements
specified in 40 CFR 503.43(d).
(1) The owner or operator of an incinerator shall
demonstrate compliance with Section .11(X) of this Subchapter
in accordance with 15 A NCAC 211 .0610. 2Q .0700.
(m) Dioxins and Furans.
( 1 ) The emissions of dioxins and furans from each
municipal waste combustor located at a small
municipal waste combustor plant shall not exceed
125 nanograms per dry standard cubic meter (total
mass) corrected to se\en percent oxygen.
(2) The emissions of dioxins and furans from each
municipal waste combustor located at a large
municipal waste combustor plant shall not exceed:
(A) 60 nanograms per dvy standard cubic meter
(total mass) corrected to se\en percent
oxygen for facilities that employ an
electrostatic precipitator-based emission
control system, or
(B) 30 nanograms per dry standard cubic meter
(total mass) corrected to seven percent
oxygen for facilities that do not employ an
electrostatic precipitator-based emission
control system.
(n) Nitrogen oxide. The emissions of nitrogen oxide from
each municipal waste combustor located at a large municipal
waste combustor plant shall not exceed the emission limits in
Table 1 of Paragraph (d) of 40 CFR 60.33b. Nitrogen oxide
emissions averaging is allowed as specified m Paragraphs
(d)(l)(i) through (d)(l)(v) of 40 CFR 60.33b. Nitrogen oxide
emissions control is not required for municipal waste
combustors located at small municipal waste combustor
plants.
(oj Fugitive ash.
(Ij On or after the date on which the initial
performance test is completed, no owner or
operator of a municipal waste combustor located at
a small or large municipal waste combustor plant
shall cause to be discharged to the atmosphere
visible emissions of combustion ash from an ash
con\evin2 svsiem (includina convevor transfer
2.3x10'
4.1x10-*
5.5x10*
8.3x10*
points) in excess of five percent of the observation
period (i.e., nine minutes per three-hour f)eriod), as
determined by EPA Reference Method 22
observations as specified in 40 CFR 60.58b(k),
except as provided in Subparagraphs (2) and (3) of
this Paragraph.
(2) The emission limit specified in Subparagraph (1) of
this Paragraph covers visible emissions discharged
to the atmosphere from buildings or enclosures, not
the visible emissions discharged inside of the
buildings or enclosures, of ash conveying systems.
(3) The provisions specified in Subparagraph (1) of this
Paragraph do not apply during maintenance and
repair of ash conveying systems.
(p) Ambient standards.
(1) In addition to the ambient air quality standards in
Section .0400 of this Subchapter, the following
ambient air quality standards, which are an annual
average, in milligrams per cubic meter at 77° F
(25° C) and 29.92 inches (760 mm) of mercury
pressure shall apply aggregately to all incinerators
at a facility:
(A) arsenic and compounds
(B) beryllium and compounds
(C) cadmium and compoimds
(D) chromium(VI) and compounds
(2) When Subparagraph (1) of this Paragraph and
either Rule .0524, .1110, or .1111 of this
Subchapter regulate the same pollutant, the more
restrictive provision for each pollutant shall apply,
notwithstanding provisions of Rule .0524, .1110, or
.1111 of this Subchapter to the contrary.
(3) The owner or operator of a facility with
incinerators shall demonstrate compliance with the
ambient standards in Parts (1)(A) through (D) of
this Paragraph by following the procedures set out
in Rule . 1 106 of this Subchapter. Modeling
demonstrations shall comply with the requirements
of Rule .0533 of this Subchapter.
(4) The emission rates computed or used under
Subparagraph (3) of this Paragraph that
demonstrate compliance with the ambient standards
under Subparagraph (1) of this Paragraph shall be
placed in the permit for the facility with
incinerators as their allowable emission limits
unless Rule .0524, .1110 or .1111 of this
Subchapter requires more restrictive rates.
Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(3). (4), (5).
SUBCHAPTER 2H - PROCEDURES FOR PERMITS:
APPROVALS
SECTION .0600 - AIR QUALITY PERMITS
.0610 PERMIT REQUIREMENTS FOR TOXIC AIR
POLLUTANTS
667
NORTH CAROLINA REGISTER
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PROPOSED RULES
fa) — DcFinitions. — Fo r the pui -p oscs of this Rule, the
following definitions a pp ly :
fi^ "Actual emissions" means the ave r age r ate at which
the sou r ce actually emitted the p ollutant du r ing a
two-yea r p e r iod that pr eceded the date of the
a pp lication — for — the — modification — and — that — is
r e pr esentative of no r mal o p e r ation of the sou r ce.
fS) "C r editable — emissions" — means — actual — dec r eased
emissions that have not been p r eviously r elied on to
com p ly with 15A NCAC 2D. All c r editable
emissions shall be enforceable by pe r mit condition.
f3) "Evaluation" means a dete r mination of ambient ai r
concent r ations as desc r ibed unde r 15A NCAC 2D
.1106 and shall include emissions f r om sou r ces
exem p ted by Pa r ag r a p h (g) of this Rule.
(4) "Existing facility" — means any facility that was
p e r mitted to construct o r was in o p eration befo r e
Octobe r 1, 1 99 3.
(5^
^^
4nef
:me r ato r " — means — any — device — subject — to
requirements of 15A NCAC 2D .1200.
(6) "MACT" means any maximum achievable cont r ol
technology emission standa r d a p plied to a sou r ce o r
facility pu r suant to Title III of the 1 99 fede r al
Clean Ai r Act Amendments.
"Maximum feasible cont r ol" means the maximum
deg r ee of r eduction fo r each p ollutant subject to
r egulation in this Rule using the best technology
that is available taking into account, on a casc-by-
case basis, ene r gy, envi r onmental, and economic
im p acts and othe r costs.
f§) "Modification" — means — any — p hysical — change — or
change that r esults in a net inc r ease in emissions o r
ambient concent r ation of any p ollutant listed in
Pa r ag r a p h (h) of this Rule o r which r esults in the
emission of any p ollutant listed in Pa r ag r a p h (h) of
this Rule not pr eviously emitted.
(9) "Net inc r ease in emissions" means the amount by
which the sum of the following exceeds ze r o :
(A) — any inc r ease in emissions f r om a p a r ticula r
p hysical change o r change in the method of
ope r ation at the facility: and
(fi) any — othe r — inc r eases — and — dec r eases — in
emissions at the facility within five yea r s
immediately p r eceding the filing of an air
p e r mit a p plication fo r the modification that
are othe r wise c r editable emissions.
(W) "Unadulte r ated wood" means wood that is not
p ainted. — va r nished. — stained. — oiled. — waxed. — or
othe r wise coated o r t r eated with any chemical.
Plywood, p article boa r d, and r esinated wood a r e
not unadulte r ated wood.
(b) A pp licability. Except as p rovided in Pa r ag r a p h (g) o r
(h) of this Rule, no p e r son shall cause o r allow any toxic ai r
p ollutant named in 15A NCAC 2D .1104 to be emitted into
the atmos p he r e from any sou r ce without having r eceived a
p ermit — from — the — Commission — in — acco r dance — with — the
following :
i^ Ncrr-
Facilitics. Any — facility — that — begins
construction afte r Septembe r 30. 1 99 3. and that :
(tA) is r equi r ed to have a pe r mit because of
a p plicability of Sections in Subchapte r 2D of
this Cha p te r othe r than Section .1100 of this
Subchapte r . — except — for — facilities — whos e
emissions of toxic ai r p ollutants r esult only
f r om combusting unadulte r ated fossil fuels o r
unadulte r ated wood and associated sto r age of
such fuels ; o r
ffi) has a standa r d indust r ial classification (SIC)
code that has pr eviously been called under
Sub p a r ag r a p h (b)(3) of this Rule;
shall comply with Section . 1 100 of this Subchapte r
befo r e beginning const r uction o r o p e r ation, shall
have r eceived a p e r mit to emit toxic ai r pollutants
befo r e beginning const r uction and shall comply
with such p ermit when beginning o p e r ation.
(2) Facilities with Incine r ato r s. The owne r o r ope r ato r
of any incine r ato r subject to 15A NCAC 2D .12(J0
which — began construction — o r was — m — ope r ation
befo r e Octobe r 1. 1 99 1. shall a pp ly fo r a p e r mit or
a p e r mit modification to emit toxic ai r pollutants
f r om the incine r ato r , including associated waste
handling — and — sto r age. — in — acco r dance — with — the
com p liance schedules contained in 15A NCAC 2D
■ 120 9 . — The owne r o r ope r ato r of the incinerato r
shall a pp ly fo r a p ermit o r a pe r mit modification to
emit toxic ai r p ollutants f r om all othe r sou r ces at
that — facility — in — acco r dance — with — Sub p a r ag r aphs
(b)(3) th r ough ( 6 ) of this Rule.
(3) SIC Calls fo r Existing Facilities. — The owne r o r
o p e r ato r of an existing facility shall have 180 days
to ap p ly fo r a p e r mit o r pe r mit modification fo r the
emissions of toxic ai r p ollutants afte r r eceiving
written — notification — from — the — Di r ector. Such
facilities shall com p ly with 15A NCAC 2D .1100
as follows :
-Witt
(tA) If it is not known that the sou r ce is. o r
hv, — subject to a MACT at the time of
notification, the sou r ce shall com p ly :
ti) — within th r ee yea r s f r om the date that
the pe r mit is issued if the sou r ce does
not emit any toxic ai r p ollutant in
common with any sou r ce at the facility
subject to MACT, o r
-in — acco r dance — witii — Subpa r ag r a p h
(b)(4) of this Rule if the sou r ce emits
a toxic ai r pollutant in common with
any sou r ce at the facility subject to
MACT.
irfT
ffi) If it i s known that the
subject
-to-
sou r ce is, o r will be.
MACT — at — the — time — of
notification, — the — sou r ce — shatt — com p ly — in
acco r dance with Subpa r ag r a p h (b)(4) of this
12:8
NORTH CAROLINA REGISTER
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668
PROPOSED RULES
fttrfer
The Di r ecto r shall noti(\ ' facililics subjcci to this
Sub p arag r a p h by calling fo r permit ap p lications on
the basis of standard indust r ial classifications, that
is. he shall call at one time for p ermits for all
facilities statewide that have the same fou r -digit
standa r d indust r ial classification code, exce p t those
facilities located in ce r tified local ai r p ollution
cont r ol agency a r eas. — (Local ai r p ollution cont r ol
agencies — shaW — eaH — the — standa r d — indust r ial
classification code within thei r ju r isdiction when the
Di r ecto r calls that code — .\ local ai r p ollution
agency — may — eaH — a p a r ticula r — standa r d
cont r ol
indust r ial classification code before the Di r ecto r
calls that code if the Commission a ppr oves the call
by the local ai r pollution cont r ol agency.) — AH
sou r ces. — r ega r dless — of thei r — sta n da r d — indust r ial
classification code and including sou r ces
combusting — ©niy — unadulte r ated — fossil — fttete — or
unadulte r ated wood, at the facility shall be included
in the call for pe r mit a pp lications. All membe r s of
a sou r ce o r facility category not having a standa r d
indust r ial — classification code — shaH — simila r ly — be
called at one time. — Fo r catego r ies of sou r ces,
excluding cooling towe r s, fo r which it is known
that the envi r onmental T r otcction Agency (LPA)
has scheduled pr omulgation of a .MACT unde r
Section 112(e) of the fede r al Clean Ai r \ci. the
Directo r shall notifv' facilities in these catego r ies as
the CPA p romulgates MACT. — If the EPA fails to
pr omulgate a MACT as scheduled afte r it has
a ppr oved the State's Title V p e r mit p r og r am, the
Di r ecto r shall notify facilities 16 months afte r the
missed pr omulgation date.
i4) Existing facilities Subject to MACT. — The owne r
o r o p e r ato r of an existing facility sub j ect to one o r
mo r e MACT. o r that may be subject to a MACT
based on studies r equi r ed by Section 112 (n)(l) of
the Clean Ai r Act. 42 U.S.C. Section 7412 (n)(l).
shall submit a p e r mit a pp lication to com p ly with
Section .1100 of this Subchapte r at the same time
that he submits a permit application to com p ly with
the — last MACT that is known to a pp ly to the
facility. — The p e r mit ap p lication shall include an
evaluation fo r all toxic ai r pollutants cove r ed unde r
15A NCAC 2D . 1 104 fo r all sou r ces at the facilw.
The facilit>' shall com p ly with the r equi r ements of
15A NCAC 2D .1100 by the same deadline that it
is r equi r ed to com p ly with the last MACT.
f^) Modification. Ftrr — modification — of a — facility
unde r taken afte r August j1. 1 99 3. that is r equi r ed
to have a p ermit because of a p plicability of Sections
in Subcha p te r 2D of this Cha p te r othe r than Section
. 1 1(X) of this Subcha p te r , exce p t fo r facilities whose
emissions of toxic ai r p ollutants r esult onJy f r om
combusting unadulte r ated fossil foeh or
unadulte r ated wood and associated sto r age of such
(^
fuels o r that has a standard indust r ial classification
(SIC) code that has pr eviously been called under
Sub p a r ag r a p h (b)(3) of this Rule, the owne r or
o p e r ato r of the facility shall submit a p ermit
a pp lication to comply with 15A >4CAC 2D .11(X)
tfr
i:M The modification r esults in :
tr) — a net inc r ease in emissions of any
toxic ai r p ollutant that the facility was
emitting befo r e the modification: o r
(if) — emissions of any toxic air p ollutant
ttert — the — facility — was — not — emitting
befo r e — the — modification — tf — stieh
emissions exceed any level contained
in Parag r aph (h) of this Rule : o r
tfil The Di r ecto r finds that the modification of
the facility will significantly inc r ease the r isk
to human health p osed by the facility. — The
Di r ecto r shall p r ovide his findings to the
owne r o r o p e r ato r of the facility. The
Di r ector may r equire the owne r o r o p erator
of a facility subject to this Sub p aragraph to
pr ovide a satisfactory analysis showing what
the r esultant emissions and inc r ease of r isk to
human health f r om the modified facility will
bcT
The-
p e r mit ap p lication filed p ursuant to Pa r t (A) of
this Sub p aragraph shall include an evaluation fo r all
toxic ai r pollutants cove r ed unde r 15A NCAC 2D
. 1 104 fo r which the r e is a net inc r ease in emissions
of
toxic ai r p ollutants being emitted befo r e the
modification o r an inc r ease in emissions of toxic ai r
pollutants above the level in Pa r ag r a p h (h) of this
Rule of toxic ai r p ollutants not being emitted before
the — modifications. AH — sou r ces at the — facility
emitting these toxic ai r p ollutants shall be included
in the evaluation. — The pe r mit application filed
p u r suant to Part (D) of this Sub p a r agra p h shall
include an evaluation fo r all toxic ai r pollutants
identified by the Di r ecto r as significantly inc r easing
the r isk to human health.
P r cviouslv Permitted Facilities.
tM A facility that r ccci\ ' ed a pcimit to emit toxic
ai r p ollutants befo r e October 1. 1 99 3. shall
continue to o p e r ate unde r the te r ms of such
p e r mit. The emissions of toxic ai r p ollutants
r esulting f r om modification of the facility
will be r egulated p u r suant to Sub p arag r a p h
(b)(5) of this Rule.
fB) A facility that has r eceived a permit to emit
toxic ai r p ollutants befo r e Octobe r 1. 1 99 3.
that IS o p e r ating unde r a com p liance schedule
pr eviously a ppr oved by the Di r ecto r , and
that will be subject to a M. ' XCT shall be
r equi r ed to com p ly with the te r ms of such
com p liance schedule unless the owne r o r
o p e r ato r of the facility demonst r ates to the
669
NORTH CAROLINA REGISTER
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12:8
PROPOSED RULES
satisfaction of the Di r ecto r that com p liance
requires substantial ca p ital ex p enditu r es that
■ 1- - ^ i^ ^^J ■ ---'- - - fc * A i^^r
maximum feasible cont r ol. — Maximum feasible cont r ol shall
be in place and ope r ating within th r ee yea r s f r om the date that
be r ende r ed unnecessa r y when MACT the pe r mit is issued fo r the maximum feasible control.
Whe r e such a demonst r ation is
may
is a pp lied
made, the owne r o r operato r of the facility
shall submit a p ermit a pp lication to com p ly
^vith 15A NCAC 2D .1100 in accordance
with Sub p a r agra p hs (b)(3). (4). o r (5) of this
fttrfer
(c^ — Demonst r ations. — The owne r o r o p e r ato r of a sou r ce
who is a pp lying fo r a p e r mit o r p e r mit modification to emit
toxic ai r pollutants shall :
t+) demonst r ate to the satisfaction of the Di r ecto r
th r ough dispersion modeling that the emissions of
toxic ai r p ollutants f r om the facility will not cause
any acceptable ambient level listed m 15A NCAC
2D .1104 to be exceeded : o r
(2) demonst r ate to the satisfaction of the Commission
or — its — delegate — that the — ambient — concent r ation
beyond — the — p r emises — (contiguous — and — ad j acent
pr o p e r ty — boundary) — for — the — subject — ttrxic — air
p ollutant will not adve r sely affect human health
even though the concent r ation is highe r than the
acce p table ambient level in 15A NCAC 2D .1104
by pr oviding one of the following demonst r ations :
^Aj the a r ea whe r e the ambient concent r ations
arc — ex p ected — to — exceed — the — acceptable
ambient levels in 15A NCAC 2D .1104 a r e
not inhabitable o r occu p ied fo r the du r ation
of the ave r aging time of the p ollutant of
conce r n, o r
fB) new toxicological data that shows that the
acce p table ambient level in 15A NCAC 2D
.1104 fo r the p ollutant of conce r n is too low
and the facility's ambient im p act is below the
level indicated by the toxicological data.
(d) Technical Infcasibility and Economic Hardshi p . — This
Pa r ag r a p h shall not a pp ly to any incine r ato r cove r ed unde r
15A NCAC 2D . 1200. The owne r o r o p e r ato r of any source
constructed befo r e May — h — 1 99 0. — who cannot su pp ly a
demonst r ation desc r ibed in Pa r ag r a p h (c) of this Rule shall :
(+) — demonst r ate to the satisfaction of the Commission
o r its delegate that com p lying with the guidelines in
15A NCAC 2D .1104 is technically infeasiblc (the
technology necessa r y to r educe emissions to a level
to pr event the acce p table ambient levels in 15A
NCAC 2D .1104 from being exceeded does not
exist); o r
^ demonst r ate to the satisfaction of the Commission
o r its delegate that complying with the guidelines in
15A NCAC 2D .1104 would r esult
in se r ious
economic ha r dshi p .
If the owne r o r o p e r ato r makes a demonst r ation to the
satisfaction of the Commission o r its delegate p ursuant to
Sub p a r ag r a p h (1) o r (2) of this Pa r ag r aph, the Directo r shall
r equi r e — the — owne r o r o p e r ato r of the — sou r ce — to a pp ly
(e) — Public Notice and O pp o r tunity fo r Public Hea r ing. — tf
the owne r o r ope r ato r of a sou r ce chooses to make a
demonst r ation pu r suant to Sub p a r ag r a p h (c)(2) o r (d)(]
) o r (2)
au pp a r ag r a p n K ' C)\i) o r tont) o r
of this Rule, the Commission o r its delegate shall app r ove o r
disa ppr ove — the — permit — after — a — ptibHc — notice — with — an
o pp ortunity fo r a public hea r ing. The p ublic notice shall meet
the r equi r ements of Pa r ag r a p h (c) of 15A NCAC 2Q .0307.
Any subsequent public hea r ing shall meet the r equi r ements of
Pa r ag r a p h (e) of 15A NCAC 2Q .0307.
(f) Modeling Demonst r ation. If the owne r o r o p e r ator of a
facility demonstrates by modeling that any toxic ai r pollutant
emitted — from — his — facility — cont r ibutes — an — inc r emental
concent r ation to the ambient ai r concent r ation of that p ollutant
beyond his p r emises which is less than the acceptable ambient
level values given in 15A NCAC 2D .1104. he does not have
to pr ovide any
p e r mit application.
fu r the r modeling demonst r ation with his
Howeve r , the Commission may still
r equi r e mo r e st r ingent emission levels in acco r dance with its
analysis unde r 15A NCAC 2D .1107.
(g> exemptions. A pe r mit to emit toxic ai r p ollutants shall
not be r equi r ed fo r:
(+) the — noncomme r cial — use — of household cleane r s,
household chemicals, o r household fuels in pr ivate
r esidences :
-that
i^ asbestos demolition and r enovation pr ojects
comply with 15A NCAC 2D .1110 and that a r c
being — done — by — p e r sons — acc r edited — by — the
De p a r tment of Envi r onment. Health, and Natu r al
Resou r ces unde r the Asbestos Haza r d Eme r gency
Res p onse Act;
(3^ emissions — from — gasoline — dis p ensing — facility — or
gasoline se r vice station o p e r ations p e r fo r med as a
part — of pet r oleum — dist r ibution — to — the — ultimate
consume r whe r e the emissions com p ly with 15A
NCAC 2D .0524, .0 9 25. .0 9 28. .0 9 32 and .0 9 33
and that r eceive gasoline f r om bulk gasoline plants
o r bulk gasoline te r minals tliat comply with 15A
NCAC 2D .0524, .0 9 25, .0 9 26, .0 9 27, .0 9 32, and
.0 9 33 via tank t r ucks that com p ly with 15A NCAC
2D .0 9 32 ;
(4) the use fo r ag r icultu r al o p e r ations by a fa r mer of
fe r tilize r s, — pesticides, — or — othe r — ag r icultu r al
chemicals containing one o r mo r e of the compounds
listed in 15A NCAC 2D .1104 if such compounds
a r c applied in acco r dance with ag r onomic p r actices
acce p table to the No r th Ca r olina De p a r tment of
Ag r icultu r e and the Commission.
t^) manholes — and — customer — vents — of — wastewater
collection systems :
ifi) emissions of ethylene oxide r esulting f r om use as a
stc r ilant in the pr oduction and subsequent sto r age of
medical devices o r the p ackaging and subsequent
sto r age of medical devices fo r sale p rovided that
12:8
NORTH CAROLINA REGISTER
October 15, 1997
670
PROPOSED RULES
the emissions f r om all new and existing sou r ces
located at the facility described in Pa r ag r a p h (d) of
15 A NCAC 2D .0538 a r e cont r olled at least to the
degree described in Parag r a p h (d) of 15A NCAC
3D .0538 and the facility com p lies with Pa r ag r a p hs
(L) and (f) of 15A NCAC 2D .0538.
i^ — emissions — f r om bulk gasoline p lants, — including
emissions f r om the storage and handling of fuel
otte^ — ke r osenes. — and — jet — foeb — btit — excludmg
emissions f r om the sto r age and handling of othe r
organic liquids, that com p ly with 15A — NCAC 2D
.0524. .0 9 25, .0 9 26. .0932. and .0 9 33 unless the
Di r ecto r finds that a permit to emit toxic ai r
p ollutants — is — r equi r ed — under — this — ftok — for — a
p a r ticula r bulk gasoline p lant;
f§) emissions f r om bulk gasoline terminals, including
emissions f r om the sto r age and handling of fuel
otte; — ke r osenes, — and — jet — faeh — btrt — excluding
emissions f r om the sto r age and handling of other
o r ganic liquids, that com p ly with 15A NCAC 2D
.0524. .0 9 25, .0 9 27, .0 9 32, and .0 9 33 if the bulk
gasoline teiininal existed befo r e Novembe r 1, 1 99 2.
unless :
(T*r) the Di r ecto r finds that a pcnnit to eiiiit toxic
ai r p ollutants is r equi r ed unde r this Rule for
a p a r ticula r bulk gasoline te r minal, oi '
t©^ the owne r o r o p e r ato r of the bulk gasoline
terminal — meets — the — r equi r ements of — t5A
NCAC 2D .0 9 27(i).
(h) Emission Rates Requi r ing a Pe r mit. — A p e r mit to emit
toxic ai r p ollutants shall be r equi r ed fo r any facility whose
actual emissions f r om all sou r ces a r c g r eate r than any one of
the following :
-fH acctaldchyde
-i^ acetic acid
-f3^ ac r olein
-f4) ac r ylonit r ile
■i^
ammonia
in/yr
1L /J
11- /I- ..
iVf 111
ie
-(6) ammonium ch r omatc
-th ammonium dichromatc
-f8^ aniline
lb/ 15 min
{
0:ee
"t^) a r senic and ino r ganic
a r senic com p ounds
&:m€
(10) asbestos
(11) azi r idine
(12) benzene
(13) benzidine and salts
"i+H bcnzo(a) p yrcne
(15) benzyl chlo r ide
(16) beryllium
-(-H4 be r yllium chlo r ide
-fW) be r yllium fluo r ide
-ii9i be r yllium nitrate
-f20) — bis-chlo r omcthyl ethe r
(21) b r omine
1.9 X lO '"
0.0010
\J.ZO
U.ZO
0:025
&r«
&:«
&m5
i
671
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
Vofyr lb/day ib/hr lb/ 15 min
-f¥i) 1.3 -butadiene i2
(23) cadmium 0t^
(24) cadmium acetate Qri^
(25) cadmium b r omide &t3^
(2 6 ) calcium eh r omatc 0.0056
-e^ ca r bon disulfide 379
(28) carbon tetrachlo r ide 469
-(59) — drterine Br^ 0:^5?
(30) chlo r obcnzene 46
-(341 chlo r ofo r m 296
-(32) chlo r o pr enc 9:2 07*9
-(331 ch r omic acid 6:0H
-(34) ch r omium (vi) 0.005 6
-(35) eresoi 0:56
(3 6 ) — p-dichlo r obcnzcne 4t2
(37) — dichlo r odifluo r omc thane 5200
-(38) dichlorofluo r omethanc i6
-(39) di(2-ethylhcxyl) p hthalatc 6:63
-(40) dimethyl sulfate 6:663
-(4+) 1.4-dioxane i2
-(43) c p ichlo r ohyd r in 5666
-(43) — ethyl acetate 36
(44) cthylenediamine 6:3 6:64
(45) ethylene dib r omidc 2?
-(46) — ethylene dichlo r idc 266
-(4t4 — ethyle n e glycol monoethyl 2:5 6:48
ether
-(48) ethylene oxide 4-8
-(49) ethyl me r ca p tan 6:635
-f56) fluo r ides 6:34 6:664
-(5H fo r maldehyde 6:0i6
-(53) hcxachlo r ocyclo- 6t6H 0.0025
p entadiene
(53) hexachlo r odibcnzo- p 0.0051
-dioxin
12:8 NORTH CAROLINA REGISTER October 15, 1997 672
PROPOSED RULES
11- / —
iD/yr
-(54^ n-hexanc
-i65j hexanc isomers exce p t n-
hexanc
(5 6 ) hydrazine
(57) — hyd r ogen chlo r ide
(58) hydrogen cyanide
(5 9 ) hyd r ogen fluo r ide
( 6 0) hyd r ogen sulfide
(61) maleic anhyd r ide
( 6 2) manganese and
com p ounds
(6.1) manganese
cyclo p cntadienyl
triearbonyl
(64) manganese t et r oxidc
-t€5i me r cu r y, alkyl
( 66 ) me r cury, a r yl and
ino r ganic com p ounds
(67) me r cu r y, va p o r
(68) methyl chioioform
( 69 ) methylene chlo r ide
-(90) methyl ethyl ketone
-(9+) methyl isobutyl ketone
-i^ methyl mc r ca p tan
(73) nickel ca r bonyl
(74) nickel metal
-i95i nickel, soluble
com p ounds.
as nickel
-t?6) nickel subsulfide
-fFP) nit r ic acid
(78) nit r obenzene
(7 9 ) N-nitrosodimethylamine
(80) p entachlo r o p henol
-^frH p e r chlo r octhylcne
-ifiH — phenoi
(83) — p hosgene
1 OUU
37*
«eee
ftrMay
23
lu/nT
0:25
0.63
OtO«
Or+e
0.0013
+t3
ere63
}b745-mtn
29
<
0:045
OtOW
OrH
0:025
0:^B
25e
tt
?8
5:6
5i
+t9
\1 T
0:064
OtB
0:0064
I
673
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
lU ti tr
TuryT
ib/day
11- n. ■■
lutnT
-f84) phosphinc
-ifis5) polychlo r iiiatcd biphcnyls
(86) potassium chromatc
(87) — potassium dich r omatc
-t88l sodium chromatc
(8 9 ) sodium dich r omatc
-(96) strontium ch r omatc
( 9 1) styrene
-f92) sulfu r ic acid
-(93) tetrachlorodibcnzo-p"
dioxin
-(94) 1.1.1.2-tct r achlo r o-2,2.-
difluo r oc thane
-(95) l,l,2,2-tct r achlo r o-l,2-
difluo r oc thane
— (96) 1,1.1 .2-tct r achlo r oethane
( 9 7) toluene
— (98) toluene diisocyanate, 2-4
and 2-6 isome r s
— (99) t r ichloroethylene
(100) t r ichlo r ofluo r omethane
-m^ l.l,2-t r ichlo r o-1.2,2-
fluo r oc thane
lb/ 15 min
0:608
5:6
6:6+3
6:0*3
6:0+3
6:6H
0.0056
6:25
9r^
6:025
0.00020
1 \r\r\
1 lUU
1 1 rvn
TTTtU
98
6:6H
1 Ar\
3:6
6:06*
68
(102) — vinyl chlo r ide
(103) vinylidenc chlo r ide
(104) xylene
26
2:5
5?
4:+
(105) zinc ch r omatc
0.005 6
)
ft) — Calls by the Di r ecto r . — Notwithstanding any othe r
p r ovision of this Rule o r 15A NCAC 2D .1104, the Di r ecto r
may. u p on w r itten finding that a sou r ce o r facility emitting
toxic ai r p ollutants pr esents an unacce p table r isk to human
health based on the acce p table ambient levels in 15A NCAC
2D .1104 o r e p idemiology studies, r equi r e the owne r o r
ope r ato r of the — sou r ce o r facility — to submit a p e r mit
a pp lication to com p ly with 15A NCAC 2D . 1 100.
Authority G.S. 143-215. 3(a)(1): 143-215.108; 143B-282; S.L.
1989. c. 168, s. 45.
SUBCHAPTER 2Q - AIR QUALITY PERMIT
PROCEDURES
SECTION .0100 - GENERAL PROVISIONS
.0101 REQUIRED AIR QUALITY PERMITS
(a) No owner or operator shall do any of the following
activities, that is not otherwise exempted, without first
applying for and obtaining an air quality permit:
(1) construct, operate, or modify a source subject to an
applicable standard, requirement, or rule that emits
any regulated pollutant or one or more of the
following:
(A) sulfur dioxide,
(B) total suspended particulates,
(C) particulate matter (PM 10),
(D) carbon monoxide.
72.5
NORTH CAROLINA REGISTER
October 15, 1997
674
PROPOSED RULES
(E) nitrogen oxides,
(F) volatile organic compounds,
(G) lead and lead compounds,
(H) fluorides,
(I) total reduced sulfur,
(J) reduced sulfur compounds,
(K) hydrogen sulfide,
(L) sulfuric acid mist,
(M) asbestos,
(N) arsenic and arsenic compounds,
(O) beryllium and beryllium compounds,
(P) cadmium and cadmium compounds,
(Q) chromium(VI) and chromium(VI)
compounds,
(R) mercury and mercury compounds,
(S) h\drogen chloride.
(T) vinyl chloride,
(U) benzene,
(V) ethylene oxide,
(W) dioxins and furans,
(X) ozone, or
(Y) any toxic air pollutant listed in 15A NCAC
2D .1104;
(2) construct, operate, or modif>' a facility that has the
potential to emit at least 10 tons per year of any
hazardous air pollutant or 25 tons per year of all
hazardous air pollutants combined or that are
subject to requirements established under the
following sections of the federal Clean Air Act:
(A) Section 112(d), emissions standards;
(B) Section 112(f), standards to protect public
health and the environment;
(C) Section 112(g), modifications (but only fo r
the — facility subject to — Section — 1 12(g)(2);
construction and reconstruction;
(D) Section 112(h), work practice standards and
other requirements;
(E) Section 112(i)(5). early reduction;
(F) Section 112(j), federal failure to promulgate
standards;
(G) Section 112(r). accidental releases; or
(3) enter into an irrevocable contract for the
construction, operation, or modification of an
air-cleaning device.
(b) There are two types of air quality permits;
(1) Stationary Source Construction and Operation
Permit; The owner or operator of a new,
modified, or existing facility or source shall not
begin construction or operation without first
obtaining a construction and operation permit in
accordance with the standard procedures under
Section .0300 of this Subchapter. Title V facilities
are subject to the Title V procedures under Section
.0500 of this Subchapter including the acid rain
procedures under Section .0400 of this Subchapter.
A facility may also be subject to the air toxic
procedures under 15 A NCAC 211 .0610. 2Q. .0700.
(2) Transportation Facility Construcnon Permit. The
owner or operator of a transportation facility
subject to the requirements of 15 A NCAC 2D
.0800 shall obtain a construction only permit
following the procedures under Section .0600 of
this Subchapter,
(c) Fees shall be paid in accordance with the requirements
of Section .0200 of this Subchapter.
Authority G.S. 143-21 5.3(a) (]); 143-215.108: 143-215.109.
.0102 ACTIVITIES EXEMPTED FROM PERMIT
REQLTREMENTS
(a) If a source is subject to any of the following rules, then
the source is not exempted from permit requirements, and the
exemptions in Paragraph (b) of this Rule do not apply;
(1) new source performance standards under 15A
NCAC 2D .0524 or 40 CFR Part 60, except;
(A) 40 CFR Part 60. Subpart Dc. industrial,
commercial, and institutional steam
generating units located at a facility not
required to be permitted under Section .0500
of this Subchapter;
(B) 40 CFR Part 60, Subpan Kb, volatile
organic liquid storage vessels located at a
facility not required to be permitted under
Section .05(X) of this Subchapter; or
(C) 40 CFR Part 60, Subpan AAA, new
residential wood heaters;
(2) national emission standards for hazardous air
pollutants under 15A NCAC 2D .1110 or 40 CFR
Part 61, except asbestos demolition and renovation
acti\'ities;
(3) prevention of significant deterioration under 15 A
NCAC 2D .0530";
(4) new source review under 15 A NCAC 2D .0531 or
.0532;
(5) sources of volatile organic compounds subject to
the requirements of 15A NCAC 2D .0900 that are
located in Mecklenburg County in accordance with
15A NCAC 2D .0902;^
(6) sources required to apply maximum achievable
control technology (MACT) for hazardous air
pollutants under 15A NCAC 2D .110 9 o r .1109.
.1111 o r .1111. .1112. or 40 CFR Part 63 that are
required to ha\e a permit under Section .0500 of
this Subchapter; or
(7) sources at facilities subject to 15A NCAC 2D
. 1 100. (If a source does not emit a toxic air
pollutant for which the facility at which it is located
has been evaluated, modeled, it shall be exempted
from needing a permit if it qualifies for one of the
exemptions in Paragraph (b) of this Rule).
(b) The following activities do not need a permit or permit A
modification imder this Subchapter; however, the Director ^
may require the owner or operator of these activities to
reeister them under I5A NCAC 2D .0200:
675
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
>
(1) activities exempted because of category (These
activities shall not be included on the permit
application or in the permit.):
(A) maintenance, upkeep, and replacement:
(i) maintenance, structural changes, or
repairs which do not change the
capacity of such process, fuel-burning,
refuse-burning, or control equipment,
and do not involve any change in
quality or nature or increase in
quantity of emission of regulated air
pollutants;
(ii) housekeeping activities or building
maintenance procedures, including
painting buildings, resurfacing floors,
roof repair, washing, portable vacuum
cleaners, sweeping, use and associated
storage of janitorial products, or
insulation removal;
(iii) use of office supplies, supplies to
maintain copying equipment, or
blueprint machines,
(iv) use of fire fighting equipment;
(v) paving parking lots; or
(vi) replacement of existing equipment
with equipment of the same size, type,
and function that does not result in an
increase to the actual or potential
emission of regulated air pollutants
and that does not affect the compliance
status, and with replacement
equipment that fits the description of
the existing equipment in the permit,
including the application, such that the
replacement equipment can be
operated under that permit without any
changes in the permit;
(B) air conditioning or ventilation: comfort air
conditioning or comfort ventilating systems
which do not transport, remove, or exhaust
regulated air pollutants to the atmosphere;
(C) laboratory activities:
(i) bench-scale, on-site equipment used
exclusively for chemical or physical
analysis for quality control purposes,
staff instruction, water or wastewater
analyses, or non-production
environmental compliance
assessments;
(ii) bench-scale experimentation, chemical
or physical analyses, training or
instruction from not-for-profit, non-
production educational laboratories;
(iii) bench-scale experimentation, chemical
or physical analyses, training or
instruction from hospitals or health
laboratories pursuant to the
determination or diagnoses of illness;
or
(iv) research and development laboratory
activities that are not required to be
permitted under Section .0500 of this
Subchapter provided the activity
produces no commercial product or
feedstock material;
(D) storage tanks:
(i) storage tanks used solely to store fuel
oils, kerosene, diesel, crude oil, used
motor oil, lubricants, cooling oils,
natural gas or liquified petroleum gas;
(ii) storage tanks used to store gasoline for
which there are no applicable
requirements except Stage 1 controls
under 15A NCAC 2D .0928;
(iii) storage tanks used solely to store
inorganic liquids; or
(iv) storage tanks or vessels used for the
temporary containment of materials
resulting from an emergency response
to an unanticipated release of
hazardous materials;
(E) combustion and heat transfer equipment:
(i) space heaters burning distillate oil,
kerosene, natural gas, or liquified
petroleum gas operating by direct heat
transfer and used solely for comfort
heat;
(ii) residential wood stoves, heaters, or
fireplaces;
(iii) hot water heaters which are used for
domestic purposes only and are not
used to heat process water;
(F) wastewater treatment processes: industrial
wastewater treatment processes or municipal
wastewater treatment processes for which
there are no applicable requirements;
(G) gasoline distribution:
(i) gasoline service stations or gasoline
dispensing facilities that are not
required to be permitted under Section
.0500 of this Subchapter; or
(ii) gasoline dispensing equipment at
facilities required to be permitted
under Section .0500 of this Subchapter
if the equipment is used solely to
refuel facility equipment;
(H) dispensing equipment: equipment used solely
to dispense diesel fuel, kerosene, lubricants
or cooling oils;
(I) solvent recycling: portable solvent distillation
systems used for on-site solvent recycling if:
(i) The portable solvent distillation
12:8
NORTH CAROLINA REGISTER
October 15, 1997
676
PROPOSED RULES
system is not:
(I) owned by the facility, and
(II) operated at the facility for more
than seven consecutive days;
and
(ii) The material recycled is:
(I) recycled at the site of origin,
(II) the original material is non-
photochemically reactive in
accordance with 15 A NCAC
2D .0518, Miscellaneous
Volatile Organic Compound
Emissions, and
(III) all make up material is non-
photochemically reactive in
accordance with 15 A NCAC
2D .0518;
(J) processes:
(i) small electric motor bum-out ovens
with secondary combustion chambers
or afterburners;
(ii) small electric motor bake-on ovens;
(iii) bum-off ovens for paint-line hangers
with afterburners;
(iv) hosiery knitting machines and
associated lint screens, hosiery dryers
and associated lint screens, and
hosiery dyeing processes where bleach
or solvent dyes are not used;
(v) blade wood planers planing only green
wood;
(K) miscellaneous:
(i) motor vehicles, aircraft, marine
vessels, locomotives, tractors or other
self-propelled vehicles with internal
combustion engines;
(ii) non-self-propelled non-road engines,
except generators, regulated by mles
adopted under Title II of the federal
Clean Air Act;
(iii) equipment used for the preparation of
food for direct on-site human
consumption;
(iv) a source whose emissions are
regulated only under Section 112(r) or
Title VI of the federal Clean Air Act
that is not required to be permitted
under Section .0500 of this
Subchapter;
(v) exit gases from in-line process
analyzers;
(vi) stacks or vents to prevent escape of
sewer gases from domestic waste
through plumbing traps;
(vii) refrigeration equipment that is
consistent with Section 601 through
618 of Title VI (Stratospheric Ozone
Protection) of the federal Clean Air
Act, 40 CFR Part 82, and any other
regulations promulgated by EPA imder
Title VI for stratospheric ozone
protection, except those imits used as
or in conjunction with air pollution
control equipment;
(viii) equipment not vented to the outdoor
atmosphere with the exception of
equipment that emits volatile organic
compounds;
(ix) equipment that does not emit any
regulated air pollutants;
(x) facilities subject only to a requirement
under 40 CFR Part 63 that are not
required to be permitted under Section
.0500 of this Subchapter (This
Subpart does not apply when a control
device is used to meet a MACT or
GACT emission standard.); or
(xi) sources for which there are no
applicable requirements and that are at
a facility not required to be permitted
imder Section .0500 of this
Subchapter.
(2) activities exempted because of size or production
rate (These activities shall not be included in the
permit. If the facility is subject to the permitting
procedures imder Section .0500 of this Subchapter,
these activities shall be listed on the permit
application; otherwise, these activities shall not be
listed on the permit application.):
(A) storage tanks:
(i) above-ground storage tanks with a
storage capacity of no more than 1 100
gallons storing organic liquids with a
tme vapor pressure of no more than
10.8 pounds per square inch absolute
at 70T; or
(ii) underground storage tanks with a
storage capacity of no more than 2500
gallons storing organic liquids with a
true vapor pressure of no more than
10.8 psi absolute at 70°F;
(B) combustion and heat transfer equipment
located at a facility not required to be
permitted under Section .0500 of this
Subchapter:
(i) fuel combustion equipment, except for
internal combustion engines, firing
exclusively kerosene, No. 1 fuel oil,
No. 2 fuel oil, equivalent
unadulterated fuels, or a mixture of
these fuels or one or more of these A
fuels mixed ©f with natural gas or I
liquified petroleum gas with a heat
input of less than:
677
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
I
(I) 10 million BTU per hour for
which construction,
modification, or reconstructed
commenced after June 9, 1989;
or
(II) 30 million BTU per hour for
which construction,
modification, or reconstruction
commenced before June 10,
1989;
(ii) fuel combustion equipment, except for
internal combustion engines, firing
exclusively natural gas or liquified
petroleum gas or a mixture of these
fuels with a heat input rating less than
65 million BTU per hour;
(iii) space heaters burning waste oil if:
(I) The heater bums only oil that
the owner or operator generates
or used oil from do-it-yourself
oil changers who generate used
oil as household wastes;
(II) The heater is designed to have a
maximum capacity of not more
than 500,000 Btu per hour; and
(III) The combustion gases from the
heater are vented to the ambient
air;
(iv) emergency use generators and other
internal combustion engines not
regulated by rules adopted under Title
II of the federal Clean Air Act, except
self-propelled vehicles, that have a
rated capacity of no more than:
(I) 310 kilowatts (electric) or 460
horsepower for natural
gas-fired engines,
(II) 830 kilowatts (electric) or 1150
horsepower for liquified
petroleum gas-fired engines,
(III) 270 kilowatts (electric) or 410
horsepower for diesel-fired or
kerosene-fired engines, or
(IV) 21 kilowatts (electric) or 31
horsepower for gasoline-fired
engines;
(v) portable generators and other portable
equipment with interna! combustion
engines not regulated by rules adopted
imder Title II of the federal Clean Air
Act, except self-propelled vehicles,
that operate at the facility no more
than a combined 350 hours for any
365-day period provided the
generators or engines have a rated
capacity of no more than 750 kilowatt
(electric) or 1 100 horsepower each
and provided records are maintained
to verify the hours of operation;
(vi) peak shaving generators that produce
no more than 325, (XX) kilowatt-hours
of electrical energy for any 12-month
period provided records are
maintained to verify the energy
production on a monthly basis and on
a 12-month basis;
(C) gasoline distribution: bulk gasoline plants
with an average daily throughput of less than
4000 gallons that is not required to be
permitted under Section .0500 of this
Subchapter;
(D) processes:
(i) printing, paint spray booths or other
painting or coating operations without
air pollution control devices (water
wash and filters that are an integral
part of the paint spray booth are not
considered air pollution control
devices) located at a facility whose
facility-wide actual emissions of:
(I) Volatile organic compounds are
less than five tons per year, and
(II) Photochemically reactive
solvent emissions under 15 A
NCAC 2D .0518 are less than
30 pounds per day;
provided the facility is not required to
be permitted under Section .0500 of
this Subchapter;
(ii) saw mills that saw no more than
2,000,000 board feet per year
provided only green wood is sawed;
(iii) perchloroethylene dry cleaners that
consume less than 13, (XX) pounds (965
gallons) of perchloroethylene per year;
(iv) electrostatic dry powder coating
operations equipped with powder
recovery including curing ovens with a
heat input of less than 10,000,000
BTU per hour;
(E) miscellaneous:
(i) any source without an air pollution
control device whose emissions would
not violate any applicable emissions
standard and whose potential
emissions of particulate, sulfur
dioxide, nitrogen oxides, volatile
organic compounds, and carbon
monoxide are each no more than five
tons per year and whose potential
emissions of hazardous air pollutants
are below their lessor quantity cutoff
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678
PROPOSED RULES
except:
(I) storage tanks,
(II) fuel combustion equipment,
excluding fuel combustion
equipment at facilities required
to have a permit under Section
.0500 of this Subchapter, tiring
exclusively kerosene. No. 1
fuel oil. No. 2 fuel oil,
equivalent unadulterated fuels,
natural gas, liquified petroleum
gas, or a mixture of these fuels,
(III) space heaters burning waste oil,
(IV) generators, excluding
emergency generators, or other
non-self-propelled internal
combustion engines,
(V) bulk gasoline plants,
(VI) printing, paint spray booths, or
other painting or coating
operations,
(VII) saw mills,
(VIII) perchloroethylene dry cleaners,
or
(IX) electrostatic dry powder coating
operations,
provided that the total potential
emissions of particulate, sulfur
dioxide, nitrogen oxides, volatile
organic compounds, and carbon
monoxide from the facility are each
less than 40 tons per year and the total
potential emissions of all hazardous air
pollutants are below their lesser
quantity cutoff emission rates or
provided that the facility has an air
quality permit;
(ii) any facility without an air pollution
control device whose acmal emissions
of particulate, sulfur dioxide, nitrogen
oxides, volatile organic compounds, or
carbon monoxide are each less than
five tons per year, whose potential
emissions of all hazardous air
pollutants are below their lesser
quantity cutoff emission rates, and
which is not required to have a permit
under Section .0500 of this
Subchapter;
(iii) any source that only emits hazardous
air pollutants that are not also a
particulate or a volatile organic
compound and whose potential
emissions of hazardous air pollutants
are below their lesser quantity cutoff
emission rates; or
(iv) any incinerator covered under
(F)
Paragraph (d) of 15A NCAC 2D
.1201.
case-by-case exemption:
(i) for activities located at facilities not
required to have a permit under
Section .0500 of this Subchapter,
activities that the applicant
demonstrates to the satisfaction of the
Director:
(I) to be negligible in their air
quality impacts,
(II) not to have any air pollution
control device, and
(III) not to violate any applicable
emission control standard when
operating at maximum design
capacity or maximum operating
rate, whichever is greater; or
(ii) for activities located at facilities
required to have a permit under
Section .0500 of this Subchapter:
activities that the applicant
demonstrates to the satisfaction of the
Director:
(I) to be negligible in their air
quality impacts,
(II) not to have any air pollution
control device,
(III) not to violate any applicable
emission control standard when
operating at maximum design
capacity or maximum operating
rate, whichever is greater,
(IV) the potential emissions of each
criteria pollutant is less than
five tons per year, and
(V) the potential emissions of each
hazardous air pollutant is less
than ICKX) pounds per year.
(c) Because an activity is exempted from being required to
have a permit does not mean that the activity is exempted
from any applicable requirement or that the owner or
operator of the source is exempted from demonstrating
compliance with any applicable requirement.
(d) Emissions from stationary' source activities identified in
Paragraph (b) of this Rule shall be included in determining
compliance with the toxic air pollutant requirements under
15A NCAC 2D . 1 100 or 211 .0 6 10. 2Q .0700.
(e) The owner or operator of a facility or source claiming
an exemption imder Paragraph (b) of this Rule shall provide
the Director documentation upon request that the facility or
source is qualified for that exemption.
Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(4):
143-215. 108.
SECTION .0300 - CONSTRUCTION AND OPERATION
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NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
PERMITS
.0301 APPLICABILITY
(a) Except for the permit exemptions allowed under Rules
.0102 and .0302 of this Subchapter, the owner or operator of
a new, modified, or existing facility or source shall not begin
construction or operation without first obtaining a
construction and operation permit in accordance with the
procedures under Section .0300; however. Title V facilities
are subject to the Title V procedures under Section .0500
including the acid rain procedures imder Section .0400 for
Title IV sources.
(b) The owner or operator of a source required to have a
permit under this Section may also be subject to the air toxic
permit procedures under 15A NCAC 211 .0610. 2Q .0700.
(c) The owner or operator of a source required to have a
permit under this Section shall pay permit fees required under
Section .0200 of this Subchapter.
owner or operator shall submit supporting documentation to
show that air quality and emission control standards will not
be, nor are likely to be, contravened. This documentation
shall include:
(1) documentation that the facility has no air pollution
control devices;
(2) documentation that no source at the facility will
violate any applicable emissions control standard
when operating at maximum design or operating
rate, whichever is greater; and
(3) ambient modeling showing that the ambient impact
of emissions from the facility will not exceed the
levels in 15A NCAC 2D .0532(c)(5) when all
sources at the facility are operated at maximum
design or operating rate, whichever is greater.
If the documentation shows to the satisfaction of the Director
that air quality and emission control standards will not be, nor
are likely to be, contravened, a permit shall not be required.
Authority G.S. 143-21 5. 3 (a)(1); 143-215.108.
Authority G.S. 143-21 5. 3 (a)(1); 143-215.108.
.0302 FACILITIES NOT LIKELY TO
CONTRAVENE DEMONSTRATION
(a) This Rule applies only to this Section. It does not apply
to Section .0500 (Title V Procedures) of this Subchapter.
(b) If a facility is subject to any of the following rules, the
facility is not exempted from permit requirements, and the
exemptions in Paragraph (c) of this Rule do not apply:
(1) new source performance standards under 15 A
NCAC 2D .0524 or 40 CFR Part 60, except new
residential wood heaters;
(2) national emission standards for hazardous air
pollutants under 15A NCAC 2D .1110 or 40 CFR
Part 61, except asbestos demolition and renovation
activities;
(3) prevention of significant deterioration under 15A
NCAC 2D .0530;
(4) new source review under 15A NCAC 2D .0531 or
.0532;
(5) sources of volatile organic compounds subject to
the requirements of 15A NCAC 2D .0900 that are
located in Mecklenburg and Gaston Counties;
(6) sources required to apply maximum achievable
control technology for hazardous air pollutants
under 15 A NCAC 2D 7^69 .1109. .1112 or under
40 CFR Part 63 or to apply generally available
control technology (GACT) tmder or work practice
standards under 40 CFR Part 63;
(7) sources at facilities subject to 15A NCAC 2D
.1100; or
(8) facilities subject to Title V permitting procedures
under Section .0500 of this Subchapter.
(c) The owner or operator of any facility required to have
a permit under this Section may request the Director to
exempt the facility from the requirement to have a permit.
The request shall be in writing. Along with the request, the
.0306 PERMITS REQUIRING PUBLIC
PARTICIPATION
(a) The Director shall provide for public notice for
comments with an opportunity to request a public hearing on
draft permits for the following:
(1) any source that may be designated by the Director
based on significant public interest relevant to air
quality;
(2) a source to which 15A NCAC 2D .0530 or .0531
applies;
(3) a source whose emission limitation is based on a
good engineering practice stack height that exceeds
the height defined in 15A NCAC 2D
.0533(a)(4)(A), (B), or (C);
(4) a source required to have controls more stringent
than the applicable emission standards in Section
15A NCAC 2D .0500 in accordance with 15A
NCAC 2D .0501 when necessary to comply with an
ambient air quality standard under 15 A NCAC 2D
.0400;
(5) any physical or operational limitation on the
capacity of the source to emit a pollutant, including
air cleaning device and restrictions on hours of
operation or on the type or amount of material
combusted, stored, or processed, when such a
limitation is necessary to avoid the applicability of
rules in 15A NCAC 2D .0900 or 15A NCAC 2Q
.0500;
(6) alternative controls different than the applicable
emission standards in 15A NCAC 2D .0900 in
accordance with 15A NCAC 2D .0952;
(7) an alternate compliance schedule promulgated in
accordance with 15A NCAC 2D .0910;
(8) a limitation on the quantity of solvent-borne ink that
may be used by a printing unit or printing system in
12:8
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680
PROPOSED RULES
accordance with 15A NCAC 2D .0936;
(9) an allowance of a particulate emission rate of 0.08
grains per dry standard cubic foot for an incinerator
constructed before July 1, 1987, in accordance with
15ANCAC2D .1205(b)(2);
(10) an alternative mix of controls under 15A NCAC 2D
.0501(f);
(11) a source that is subject to the requirements of 15A
NCAC 2D .1109 because of 15A NCAC 2D
.110 9( c) : or .1112; or
(12) the owner or operator who requests that the draft
permit go to public notice with an opportunity to
request a public hearing.
(b) Failure of the owner or operator of a source permitted
pursuant to this Rule to adhere to the terms and limitations of
the permit shall be grounds for:
(1) enforcement action;
(2) permit termination, revocation and reissuance, or
modification; or
(3) denial of permit renewal applications.
(c) All emissions limitations, controls, and other
requirements imposed by a permit issued pursuant to this Rule
shall be at least as stringent as any other applicable
requirement as defined under Rule .0103 (effective date of
July 1, 1994) of this Subchapter. The permit shall not waive
or make less stringent any limitation or requirement contained
in any applicable requirement.
(d) Emissions limitations, controls and requirements
contained in permits issued pursuant to the Rule shall be
permanent, quantifiable, and otherwise enforceable as a
practical matter under G.S. 143-215. 114A, 143-215. 114B,
and 143-215. 114C.
(e) If EPA requires the State to submit a permit as part of
the North Carolina State Implementation Plan for Air Quality
(SIP) and if the Commission approves a permit containing
any of the conditions described in Paragraph (a) of this Rule
as a part of the SIP, the Director shall submit the permit to
the EPA on behalf of the Commission for inclusion as part of
the federally approved SIP.
Authority G.S. 143-215. 3(a)(1), (3);
143-215. II 4A: 143-21 5. 1 MB: 143-215. INC.
143-215. 108;
.0312 APPLICATION PROCESSING SCHEDULE
(a) The Division shall adhere to the following schedule for
processing applications for permits, permit modifications, and
permit renewals:
(1) for permit applications, except for prevention of
significant deterioration under 15A NCAC 2D
.0530, case-by-case maximum achievable control
technology under 15 A NCAC 2D .110 9 . .1109 or
.1112. or a request for synthetic minor facility
status before one year after EPA approves Section
.0500 of this Subchapter:
(A) The Division shall send written
acknowledgment of receipt of the permit
application to the applicant within 10 days of
receipt of the application.
(B) The Division shall review all permit
applications within 45 days of receipt of the
application to determine whether the
application is complete or incomplete for
processing purposes. The Division shall
notify the applicant by letter:
(i) stating that the application as
submitted is complete and specifying
the completeness date,
(ii) stating that the application is
incomplete, requesting additional
information and specifying the
deadline date by which the requested
information is to be received by the
Division, or
(iii) stating that the application is
incomplete and requesting that the
applicant rewrite and resubmit the
application.
If the Division does not notify the applicant
by letter dated within 45 days of receipt of
the application that the application is
incomplete, the application shall be deemed
complete. A completeness determination
shall not prevent the Director from
requesting additional information at a later
date when such information is considered
necessary to properly evaluate the source, its
air pollution abatement equipment, or the
facility. If the applicant has not provided the
requested additional information by the
deadline specified in the letter requesting
additional information, the Director may
return the application to the applicant as
incomplete. The applicant may request a
time extension for submittal of the requested
additional information.
(C) The Division shall determine within 45 days
of receipt of a complete application if any
additional information is needed to conduct
the technical review of the application. A
technical completeness determination shall
not prevent the Director from requesting
additional information at a later date when
such information is considered necessary to
properly evaluate the source, its air pollution
abatement equipment or the facility. The
Division shall complete the technical review
within 90 days of receipt of a complete
application or 10 days after receipt of
requested additional information, whichever
is later.
(D) If the draft permit is not required to go to
public notice or to public hearing, the
Director shall issue or deny the permit within
90 days of receipt of a complete application
681
NORTH CAROLINA REGISTER
October 15, 1997
12:8
}
PROPOSED RULES
or 10 days after receipt of requested
additional information, whichever is later.
(E) If the draft permit is required to go to public
notice with a request for opportunity for
public hearing under Rule .0306(a) of this
Section, the Director shall:
(i) send the draft permit to public notice
within 90 days after receipt of a
complete application; and
(ii) complete the review of the record and
take final action on the permit within
30 days after the close of the public
comment period.
(F) If the draft permit is required to go to public
hearing as a result of a request for public
hearing under Rule .0307(e) of this Section,
the Director shall:
(i) send the draft permit to public hearing
within 45 days after approving the
request for the public hearing; and
(ii) complete the review of the record and
take final action on the permit within
30 days after the close of the public
hearing.
(2) for permit applications for prevention of significant
deterioration under 15 A NCAC 2D .0530, the
processing schedules are set out in those Rules.
(3) for case-by-case maximum achievable control
technology under 15 A NCAC 2D .110 9: .1109 or
.1112:
(A) The Division shall send written
acknowledgment of receipt of the permit
application to the applicant within 10 days of
receipt of the application.
(B) The Division shall review all permit
applications within 45 days of receipt of the
application to determine whether the
application is complete or incomplete for
processing purposes. The Division shall
notify the applicant by letter:
(i) stating that the application as
submitted is complete and specifying
the completeness date,
(ii) stating that the application is
incomplete, requesting additional
information and specifying the
deadline date by which the requested
information is to be received by the
Division, or
(iii) stating that the application is
incomplete and that the applicant
rewrite and resubmit the application.
If the Division does not notify the applicant
by letter dated within 45 days of receipt of
the application that the application is
incomplete, the application shall be deemed
complete. A completeness determination
shall not prevent the Director from
requesting additional information at a later
date when such information is considered
necessary to properly evaluate the source, its
air pollution abatement equipment, or the
facility. If the applicant has not provided the
requested additional information by the
deadline specified in the letter requesting
additional information, the Director may
return the application to the applicant as
incomplete. The applicant may request a
time extension for submittal of the requested
additional information.
(C) The Division shall determine within 60 days
of receipt of a complete application if any
additional information is needed to conduct
the technical review of the application. A
technical completeness determination shall
not prevent the Director from requesting
additional information at a later date when
such information is considered necessary to
properly evaluate the source, its air pollution
abatement equipment or the facility. The
Division shall complete the technical review
within 120 days of receipt of a complete
application or 10 days after receipt of
requested additional information, whichever
is later.
(D) The Director shall:
(i) send the draft permit to public notice
within 120 days after receipt of a
complete application or 10 days after
receipt of requested additional
information, whichever is later; and
(ii) complete the review of the record and
take final action on the permit within
30 days after the close of the public
comment period.
(E) If the draft permit is required to go to public
hearing as a result of a request for public
hearing under Rule .0307(e) of this Section,
the Director shall:
(i) send the draft permit to public hearing
within 45 days after approving the
request for the public hearing; and
(ii) complete the review of the record and
take final action on the permit within
30 days after the close of the public
hearing.
(4) requests for synthetic minor facility status before
one year after EPA approves Section .0500 of this
Subchapter shall be acted on within one year after
EPA approves Section .0500 of this Subchapter,
(b) The days that fall between the sending out a letter
requesting additional information and receiving that additional
12:8
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October 15, 1997
682
PROPOSED RULES
information shall not be counted in the schedules under
Paragraph (a) of this Rule.
(c) The Director may return at any time applications
containing insufficient information to complete the review.
Authorin G.S. 143-21 5. 3(a)(1); 143-215.108.
SECTION .0500 - TITLE V PROCEDURES
.0501 PURPOSE OF SECTION AND
REQUIREMENT FOR A PERMIT
(a) The purpose of this Section is to establish an air quality
permitting program as required under Title V and 40 CFR
Part 70.
(b) The procedures and requirements under this Section do
not apply until EPA approves this Section.
(c) With the exception in Paragraph (d) of this Rule, the
owner or operator of an existing facility, new facility, or
modification of an existing facility (except for minor
modifications under Rule .0515 of this Section), including
significant modifications that would not contravene or conflict
with a condition in the existing permit, subject to the
requirements of this Section shall not begm construction
without first obtaining:
(1) a construction and operation permit following the
procedures imder this Section (except for Rule
.0504), or
(2) a construction and operation permit following the
procedures under Rule .0504 and filing a complete
application within 12 months after commencing
operation to modify the construction and operation
permit to meet the requirements of this Section.
(d) If the permittee proposes to make a significant
modification under Rule .0516 of this Section that would
contravene or conflict with a condition in the existing permit,
he shall not begin construction or make the modification until
he has obtained:
(1) a construction and operation permit following the
procedures under this Section (except for Rule
.0504 of this Section); or
(2) a construction and operation permit following the
procedures under Rule .0504 of this Section and,
before beginning operation, files an application and
obtains a permit modifying the construction and
operation permit to meet the requirements of this
Section (except for Rule .0504 of this Section).
(e) All facilities subject to this Section must have a permit
to operate that assures compliance with 40 CFR Part 70 and
all applicable requirements.
(f) Except as allowed under Rule .0515 (minor
modifications) of this Section, no facility subject to the
requirements of this Section may operate after the time that it
is required to submit a timely and complete application under
this Section except in compliance with a permit issued under
this Section. This Paragraph does not apply to initial
submittals under Rule .0506 of this Section or to permit
renewals under Rule .0513 of this Section.
(g) If the conditions of Rule .0512(b) (application shield)
of this Section are met, the facility's failure to have a permit
under this Section shall not be a violation.
(h) If the owner or operator of a facility subject to the
requirements of this Section submits an application for a
revision to his permit before receiving the initial permit under
this Section, the application for the revision shall be
processed under Section .0300 of this Subchapter.
(i) The owner or operator of a facility or source subject to
the requirements of this Section may also be subject to the
toxic air pollutant procedures under 15 A NCAC 211 .0610.
20 .0700.
(j) The owner or operator of an affected unit subject to the
acid rain program requirements of Title IV is also subject to
the procedures under Section .0400 of this Subchapter.
(k) The owner or operator of a facility subject to the
requirements of this Section shall pay permit fees in
accordance with the requirements of Section .0200 of this
Subchapter.
Authority G.S.
143-215.108.
143-21 5. 3 (a)(1): 143-215. 107(a)(10);
.0527 112(g) CASE-BY-CASE MACT PROCEDURES
(a) Applicability. The owner or operator of a source
required to apply maximum achievable control technology
(MACT) under 15A NCAC 2D . 1 1 12 shall follow the permit
procedures set out in this Rule.
(b) Construction prohibition. After July J_^ 1998 a person
shall not begin actual construction or reconstruction of a
major source of hazardous air pollutants unless:
( 1) The major source has been specifically regulated or
exempted from regulation under:
(A) 15A NCAC 2D .1109 or .1111, or
(B) a standard issued pursuant to Section 1 12(d).
112(h), or 112(j) of the federal Clean Air
Act under 40 CFR Part 63,
and the owner and operator has fully complied with
all procedures and requirements for preconstruction
review established by that standard, including any
applicable requirements set forth in 40 CFR Part
63, Subpart A; or
(2) The Division has made a final and effective case-
by-case determination under 15A NCAC 2D .1 112
such that emissions from the constructed or
reconstructed major source will be controlled to a
level no less stringent than the maximum achievable
control technology emission limitation for new
sources.
(c) Requirements for constructed and reconstructed major
sources. When a case-bv-case determination of MACT is
required b^ 15A NCAC 2D .1112, the owner and operator
shall submit a permit application to tlie Division and the
Division shall process the application following the
procedures of Rule .0501(c) of this Section.
(d) Alternative operating scenarios. When applying for a
permit, the owner or operator may request approval of case-
683
NORTH CAROLINA REGISTER
October 15, 1997
12.8
PROPOSED RULES
by-case MACT determinations for alternative operating
scenarios. Approval of such determinations satisfies the
requirements of Section 112(g) of the federal Clean Air Act
for each such scenario.
(e) Application requirements for a case-bv-case MACT
determination. The owner or operator of a source required to
apply MACT under 15A NCAC 2D .1112 shall submit a
permit application that contains all the information required
under 40 CFR63.43fe).
£f) Reporting to the EPA. Within 60 days of the issuance
of a permit under this Section or Section .0300 of this
Subchapter incorporating a MACT determination, the
Director shall provide a copy of such permit to EPA, and
shall provide a summary in a compatible electronic format for
inclusion in the MACT data base.
Authority G.S. 143-215. 3(a)(1); 143-21 5.1 07(a) (5), (10).
SECTION .0700 - TOXIC AIR POLLUTANT
PROCEDURES
.0701 APPLICABILITY
(a) With the exceptions in Rule .0702 of this Section, no
person shall cause or allow any toxic air pollutant named in
15A NCAC 2D .1104 to be emitted from any facility into the
atmosphere at a rate that exceeds the applicable rate(s) in
Rule .0711 of this Section without having received a permit to
emit toxic air pollutants as follows:
(1) new facilities according to Rule .0704 of this
Section:
(2) existing facilities according to Rule .0705 of this
Section:
(3) modifications according to Rule .0706 of this
Section.
(b) Within one year after promulgation of MACT
standards for the industrial boilers, commercial/institutional
boilers, process heaters, stationary combustion turbines and
stationary internal combustion engines source categories
under Section 112 £d} of the Clean Air Act that are applicable
to combustion sources as defined in Rule .0703 of this
Section, the Division shall assess such MACT standards to
determine whether additional measures are necessary with
respect to toxic air pollutant emissions from combustion
sources. Upon completion of this determination, the Division
shall proceed through normal rulemaking procedures, if
necessary, to implement additional measures.
Authority G.S. 143-21 5. 3(a)(1); 143-215.108; 143B-282: S.L.
1989, c. 168, s. 45.
.0702 EXEMPTIONS
(a) A permit to emit toxic air pollutants shall not be
required under this Section for:
(1 ) residential wood stoves, heaters, or fireplaces:
(2) hot water heaters that are used for domestic
purposes only and are not used to heat process
(51
16)
01
water:
£3} maintenance, structural changes, or repairs that do
not change capacity of that process, fuel-burning,
refuse-burning, or control equipment, and do not
involve any change in quality or nature or increase
in quantity of emission of any regulated air
pollutant or toxic air pollutant:
(4) housekeeping activities or building maintenance
procedures. including painting buildings,
resurfacing floors, roof repair, washing, portable
vacuum cleaners, sweeping, use and associated
storage of janitorial products, or non-asbestos
bearing insulation removal:
use of office supplies, supplies to maintain copying
equipment, or blueprint machines:
paving parking lots:
replacement of existing equipment with equipment
of the same size, type, and function that does not
result in an increase to the actual or potential
emissions of any regulated air pollutant or toxic air
pollutant and that does not affect compliance status
and, with replacement that fits the description of
the existing equipment in the permit, including the
application, such that the replacement equipment
can be operated under that permit without any
changes to the permit:
(8) comfort air conditioning or comfort ventilation
systems that does not transport, remove, or exhaust
regulated air pollutants to the atmosphere:
(9) equipment used for the preparation of food for
direct on-site human consumption:
(10) non-self-propelled non-road engines. except
generators, regulated by rules adopted under Title
11 of the federal Clean Air Act:
(11) stacks or vents to prevent escape of sewer gases
from domestic waste through plumbing traps:
(12) use of fire fighting equipment:
(13) the use for agricultural operations by a farmer of
fertilizers, pesticides, or other agricultural
chemicals containing one or more of the compounds
listed in 15A NCAC 2D .1104 if such compounds
are applied according to agronomic practices
acceptable tiO the North Carolina Department of
Agriculture and the Commission:
(14) asbestos demolition and renovation projects that
comply with 15A NCAC 2D .1111 and tliat are
being done by persons accredited by the
Department of Environment. Health, and Natural
Resources under the Asbestos Hazard Emergency
Response Act:
(15) farm and get incinerators used only to dispose of
dead animals as identified in 15A NCAC 2D
.1201(d) and (e):
(16) refrigeration equipment that is consistent with
Section 601 through 618 of Title VI (Stratospheric
Ozone Protection) of the federal Clean Air Act. 40
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684
PROPOSED RULES
m
iC]
m
CFR Pan 82. and any other regulations
promulgated by EPA under Title VI for
stratospheric ozone protection, except those units
used as or with air pollution control equipment:
17) laboratory activities:
(A) bench-scale. on-site equipment used
exclusively for chemical or physical analysis
for qualirv control purposes, staff instruction,
water or wastewater analyses, or non-
production environmental compliance
assessments:
bench scale experimentation, chemical or
physical analyses, training or instruction
from nonprofit, non-production educational
laboratories:
bench scale experimentation, chemical or
physical analyses, training or instruction
from hospital or health laboratories pursuant
to the determination or diagnoses of
illnesses: and
research and development laboratory
activities that are not required to be
permitted under Section .0500 of this
Subchapter provided the activity produces no
commercial product or feedstock material:
(18) combustion sources:
(19) storage tanks used only to store:
(A) inorganic liquids with a true vapor pressure
less than 1.5 pounds per square inch
absolute:
(B) fuel oils, kerosene, diesel. crude oil, used
motor oil, lubricants, cooling oils, natural
gas, liquefied petroleum gas, or petroleum
products with a true vapor pressure less than
1.5 pounds per square inch absolute:
(20) dispensing equipment used solely to dispense diesel
fuel, kerosene, lubricants or cooling oils:
(21) portable solvent distillation systems that are
exempted under 15A NCAC 20 .0102(b)(l)(I):
(22) processes:
(A) small electric motor burn-out ovens with
secondary combustion chambers or
afterburners:
small electric motor bake-on ovens:
burn-off ovens for paint-line hangers with
afterburners:
hosier,' knitting machines and associated lint
screens, hosiery dr\ers and associated lint
screens, and hosiery dyeing processes where
bleach or solvent dyes are not used:
blade wood planers planing only green wood:
saw mills that saw no more than 2.000.Q(K)
board feel per year provided only green
wood is sawed:
perchloroethylene drycleaning processes with
12-month rolling average consumption of:
ill less than 1366 gallons of
mi
m
(£1
lEi
iG]
perchloroethylene per year for
facilities with dry-to-dry machines
only:
(ii) less than 1171 gallons of
perchloroethylene per year for
facilities with transfer machines only:
or
(iii) less than 1 171 gallons of
perchloroethylene per year for
facilities with both transfer and dry-to-
dry machines:
(23) gasoline dispensing facilities or gasoline service
station operations that comply with 15A NCAC 2D
■0928 and .0932 and that receive gasoline from
bulk gasoline plants or bulk gasoline terminals that
comply with 15A NCAC 2D .0524. .0925. .0926.
.0927. .0932. and .0933 via tank trucks that comply
with 15A NCAC 2D .0932:
(24) the use of ethylene oxide as a sterilant in the
production and subsequent storage of medical
devices or the packaging and subsequent storage of
medical devices for sale if the emissions from all
new and existing sources at the facility described in
15A NCAC 2D .0538(d) are controlled at least to
the degree described in I5A NCAC 2D .0538(d)
and the facility complies with 15A NCAC 2D
.0538(e) and (f):
(25) bulk gasoline plants, including the storage and
handling of fuel oils, kerosenes, and jet fuels but
excluding the storage and handling of other organic
liquids, that comply with 15A NCAC 2D .0524.
.0925. .0926. .0932. and .0933: unless the Director
finds that a permit to emit toxic air pollutants is
required under this Section for a particular bulk
gasoline plant: or
(26) bulk gasoline terminals, including the storage and
handling of fuel oils, kerosenes, and jet fuels but
excluding the storage and handling of other organic
liquids, that comply with 15A NCAC 2D .0524.
.0925. .0927. .0932. and .0933 if the bulk gasoline
terminal existed before November L. 1992: unless:
(A) the Director finds that a permit to emit toxic
air pollutants is required under this Section
for a particular bulk gasoline terminal, or
(B) the owner or operator of the bulk gasoline
terminal meets the requirements of 15A
NCAC 2D .0927(1):
(b) Emissions from the activities identified Subparagraphs
(a)(23) through (a)(26) of this Rule shall be included jn
determining compliance with the toxic air pollutant
requirements in tliis Section and shall be included in the
permit if necessary to assure compliance.
(c) The addition or modification of an activity identified in
Paragraph (a) of this Rule shall not cause the source or
facility to be evaluated for emissions of toxic air pollutants.
(d) Because an activity is exempted from being required to
have a permit does not mean that the activity is exempted
685
NORTH CAROLINA REGISTER
October 15, 1997
12:8
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from any applicable requirement or that the owner or
operator of the source is exempted from demonstrating
compliance with any applicable requirement.
Authority G.S. 143-2 15. 3 (a)(1); 143-215.108; 143B-282; S.L.
1989. c. 168, s. 45.
.0703 DEFINITIONS
For the purposes of this Section, the following definitions
a pply:
n) "Actual rate of emissions" means:
(a) for existing sources:
(ii for toxic air pollutants with an aimual
averaging period, the average rate or
rates at which the source actually
emitted the pollutant during the two-
year period preceding the date of the
particular modification and that
represents normal operation of the
source. If this period does not
represent normal operation, the
Director may allow the use of a
different, more representative . period.
(ii) for toxic air pollutants with a 24-hour
or one-hour averaging period, the
maximum actual emission rate at
which the source actually emitted for
the a pplicable averaging period during
the two-year period preceding the date
of the particular modification and that
represents normal operation of the
source. If this period does not
represent normal operation, the
Director may require or allow the use
of a different, more representative,
period.
(b) for new or modified sources, the average
rate or rates, determined for the a pplicable
averaging period(s). that the proposed source
will actually emit the pollutant as determined
by engineering evaluation.
£2} "Applicable averaging period" means the averaging
period for which an acceptable ambient limit has
been established by the Commission and is listed in
15ANCAC 2D .1104.
"CAS Number" means the Chemical Abstract
£3}
£4}
rate at QO)
im
£5j
Service registry number identifying a particular
substance.
"Combustion sources" means boilers, space
heaters, process heaters, internal combustion
engines, and combustion turbines, which burn only
unadulterated wood or unadulterated fossil fuel. U
does not include incinerators, waste combustors.
kilns, dryers, or direct heat exchange industrial
processes.
"Creditable emissions" means actual decreased
emissions that have not been previously relied on to
comply with Subchapter 15A NCAC 2D. All
creditable emissions shall be enforceable by permit
condition.
(6) "Cresol" means o-cresol. p-cresol. m-cresol. or any
combination of these compounds.
(7) "Evaluation" means:
(a) a determination that the emissions from the
facility, including emissions from sources
exempted by Rule .Q702(aK23) through (26)
of this Section, are less than the rate listed in
Rule .0711 of this Section: or
(b) a determination of ambient air concentrations
as described under 15A NCAC 2D .1106.
including emissions from sources exempted
by Rule .0702(23) through (26) of this
Section.
(8) "GACT" means any generally available control
technology emission standard applied to an area
source or facility pursuant to Section 112 of the
federal Clean Air Act.
(9) "Hexane isomers except n-hexane" means 2-methyl
pentane. 3-methyl pentane. 2.2-dimethyl butane.
2.3-dimethyl butane, or any combination of these
compounds.
"MACT" means any maximum achievable control
technology emission standard applied to a source or
facility pursuant to Section 112 federal Clean Air
Act.
"Maximum feasible control" means the maximum
degree of reduction for each pollutant subject to
regulation under this Section using the best
technology that is available taking into account, on
a case-by-case basis, human health, energy,
enviroimiental. and economic impacts and other
costs.
(12) "Modification" means any physical changes or
changes in the methods of operation that result in a
net increase in emissions or ambient concentration
of any pollutant listed in Rule .0711 of this Section
or that result in the emission of any pollutant listed
in Rule .0711 of this Section not previously
emitted.
(13) "Net increase in emissions" means for a
modification the sum of any increases in permitted
allowable and decreases in the actual rates of
emissions from the proposed modification from the
sources at the facility for which the air permit
application is being filed. If tjie net increase in
emissions from the proposed modification is greater
than zero, al] other increases in permitted allowable
and decreases in tlie actual rates of emissions at the
facility within five years immediately preceding the
filing of the ail permit application for the proposed
modification that are otherwise creditable emissions
may be included.
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686
PROPOSED RULES
(14) "Polychlorinated biphenvls" means any chlorinated
biphenvl compound or mixmre of chlorinated
biphenvl compounds.
(15) "Pollution prevention plan" means a written
description of current and projected plans to
reduce, prevent, or minimize the generation of
pollutants by source reduction and recycling and
includes a site-wide assessment of pollution
prevention opportunities at a facilitv that addresses
sources of air pollution, water pollution, and solid
and hazardous waste generation.
(16) "SIC" means standard industrial classification code.
(17) "Toxic air pollutant" means any of those
carcinogens, chronic toxicants, acute systemic
toxicants, or acute irritants listed in 15A NCAC 2D
.1104.
(18) "Unadulterated wood" means wood that is not
painted, varnished, stained, oiled, waxed, or
otherwise coated or treated with any chemical.
Plywood, particle board, and resinated wood are
not unadulterated wood.
Authority G.S. 143-215. 3(a)(1); 143-215.108: 143B-282: S.L.
1989, c. 168. s. 45.
.0704 NEW FACILITIES
(a) This Rule applies only to facilities that begin
construction after September 30. 1993.
(b) The owner or operator of a facility that:
( 1) is required to have a permit because of applicability
of a Section in Subchapter 2D of tins Chapter other
than Section .1 100 of Subchapter 2D of this
Chapter except for facilities whose emissions of
toxic air pollutants result only from sources
exempted under Rule .0102 of this Subchapter:
(2) has one or more sources subject to a MACT or
GACT standard that has previously been
promulgated under Section 112(d) of the federal
Clean Air Act or established under Section 112(e)
or 1 1 2(j ) of the Clean Air Act: or
(3) has a standard industrial classification code that has
previously been called under Rule .0705 of this
Section:
shall have received a permit to emit toxic air pollutants before
beginning construction, and shall comply with such permit
when beginning operation.
(c) The owner or operator of a facility subject to this Rule
who has not received a permit to emit toxic air pollutants
under Paragraph (b) of this Rule shall apply for a permit to
emit toxic air pollutants according to Paragraph (b) or (c) of
Rule .0705 of this Section.
Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L.
1989, c. 168, s. 45.
.0705 EXISTING FACILITIES AND SIC CALLS
(a) This Rule applies only to facilities that were in
operation or permitted to construct before October f, 1993
and new facilities subject to Rule .0704 (c) of this Section.
(b) For sources at a facility subject to a MACT or GACT
standard, or that may be subject to a MACT or GACT
standard based on studies required by Section 112 (n)(l) of
the Clean Air Act. 42 U.S.C. Section 7412 (n)(l). the owner
or operator of tlie facility shall comply with 15A NCAC 2D
.1100 as follows:
(1) When the owner or operator submits a permit
application to comply with the last MACT or
GACT. excluding tlie MACT or GACT for
combustion sources, known to apply to tlie facility.
he shall also submit a permit application to comply
with 15A NCAC 2D .1100. The facility shall
comply with 15A NCAC 2D .1100 by the same
deadline that it is required to comply with the last
MACT or GACT.
(2) If tlie owner or operator does not have to submit a
permit application to comply with the last MACT
or GACT. excluding tlie MACT or GACT for
combustion sources, he shall submit a permit
application to comply with 15A NCAC 2D .1100
within six months after the promulgation of the last
MACT or GACT. excluding the MACT or GACT
for combustion sources, known to applv to the
facility or by January L, 1999. whichever is later.
The facility shall comply with 15A NCAC 2D
.1100 by the same deadline that it is required to
comply with the last MACT or GACT.
If the owner or operator submitted a permit
application for the last MACT or GACT. excluding
the MACT or GACT for combustion sources.
known to apply to tlie facility before July f, 1998.
£3} if the
he shall submit a permit application to comply with
15A NCAC 2D .1100 by January i, 1999. The
facility shall comply with 15A NCAC 2D .1100
within three years from the date that the permit is
issued.
The permit application shall include an evaluation for all toxic
air pollutants covered under 15A NCAC 2D .1104 for all
sources at the facility, excluding those sources exempt from
evaluation under Rule .0702 of tins Section. The owner or
operator of a facility whose actual rate of emissions from all
sources are not greater than the toxic permitting emissions
rates listed in Rule .0711 of this Section does not have to file
a permit application to comply with 15A NCAC 2D .1 100.
He shall provide documentation that the facility's emissions of
toxic air pollutants are below the levels in Rule .0711 of this
Section if the Director requests this documentation.
(c> For facilities that will not be subject to a MACT or
GACT standard, or that will be subject only to a MACT or
GACT standard for unadulterated fuel combustion sources,
the owner or operator of tlie facility shall have 180 days to
apply for a permit or permit modification for the emissions of
toxic air pollutants after receiving written notification from
the Director that such permit or permit modification is
required. The permit application shall include an evaluation
687
NORTH CAROLINA REGISTER
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12:8
PROPOSED RULES
for all toxic air pollutants covered under 15A NCAC 2D
.1104 for all sources at the facility, excluding sources exempt
from evaluation in Rule .0702 of this Section. Such facilities
shall comply with 15A NCAC 2D .1100 within three years
from the date that the permit is issued. The Director shall
notify facilities subject to this Paragraph by calling for permit
applications based on standard industrial classifications, that
is^ the Director shall call at one time for permits for aU
facilities statewide that have the same four-digit standard
industrial classification code, except those facilities in
certified local air pollution control agency areas. (Local air
pollution control agencies shall call the standard industrial
classification code within their jurisdiction when the Director
calls that code. A local air pollution control agency may call
a particular standard industrial classification code before the
Director calls that code if the Commission approves the call
bx the local air pollution control agency.) Facilities with
sources that will be subject to MACT that receive an SIC call
shall notify the Director and shall comply with 2D .1100 in
accordance with Paragraph (b) of this Rule. All sources,
regardless of their standard industrial classification code,
excluding sources exempt from evaluation in Rule .0702 of
this Section, at the facility shall be included in the call for
permit applications. When the Environmental Protection
Agency (EPA) promulgates MACT under Section 112(e) of
the federal Clean Air Act, excluding cooling towers, the
Director shall notify the owners or operators of facilities in
the standard industrial classification that best corresponds to
the MACT category that they are required to submit a permit
application for the emissions of toxic air pollutants from their
facilities. If the EPA fails to promulgate a MACT as
scheduled, the Director shall notify the owners or operators
of facilities 18 months after the missed promulgation date that
they are required to submit a permit application for the
emissions of toxic air pollutants from their facilities. The
owner or operator of a facility whose actual rate of emissions
from all sources are not greater than the toxic permitting
emissions rates listed in Rule .0711 of this Section does not
have to file a permit application to comply with 15A NCAC
2D .1100. He shall provide documentation that the facility's
emissions of toxic air pollutants are below the levels in Rule
.0711 of this Section if the Director requests this
documentation.
(d) The owner or operator of a facility may request a
permit to emit toxic air pollutants any time before such
application is required. The permit application shall include
an evaluation for all toxic air pollutants covered under 15A
NCAC 2D .1104 for all sources at the facility, excluding
sources exempt from evaluation in Rule .0702 of this Section.
Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L.
1989. c. 168, s. 45.
.0706 MODIFICATIONS
(a) For modification of an^ facility undertaken after
September 30. 1993. that:
(1) is required to have a permit because of a pplicability
of a Section in Subchapter 2D of this Chapter other
than Section .1100 of Subchapter 2D of this
Chapter except for facilities whose emissions of
toxic air pollutants result only from sources
exempted under Rule .0102 of this Subchapter:
(2) has one or more sources subject to a MACT or
GACT standard that has previously been
promulgated under Section 112(d) of the federal
Clean Air Act or established under Section 112(e)
or 112(j) of the Clean Air Act: or
(3) has a standard industrial classification code that has
previously been called under Rule .0705 of this
Section:
the owner or operator of the facility shall comply with
Paragraphs (b) and (c) of this Rule.
(b) The owner or operator of the facility shall submit a
permit a pplication to comply with 15A NCAC 2D .1100 if
(1) The modification results in:
(A) a net increase in emissions of any toxic air
pollutant that the facility was emitting before
the modification: or
(B) emissions of any toxic air pollutant that the
facility was not emitting before the
modification if such emissions exceed the
levels contained in Rule .0711 of this
Section: or
(2) The Director finds that the modification of the
facility will significantly increase the risk to human
health posed by the facility. The Director shall
provide the findings to the owner or operator of the
facility. The Director may require the owner or
operator of a facility subject to this Subparagraph to
provide a satisfactory evaluation showing what the
resultant emissions and increase of risk to human
health from the modified facility will be.
(c) The permit application filed pursuant to tins Rule shall
include an evaluation for aU toxic air pollutants covered under
15A NCAC 2D . 1 104 for which there is:
(1) a net increase in emissions of any toxic air pollutant
that the facility was emitting before the
modification: and
(2) emission of any toxic air pollutant that the facility
was not emitting before the modification if such
emissions exceed the levels contained in Rule .0711
of this Section.
All sources at the facility, excluding sources exempt from
evaluation in Rule .0702 of this Section, emitting these toxic
air pollutants shall be included in the evaluation. A permit
application filed pursuant to Subparagraph (b)(2) of this Rule
shall include an evaluation for aU toxic air pollutants
identified by the Director as significantly increasing the risk
to human health.
Authority G.S. 143-21 5. 3 (a)(1); 143-215.108; 143B-282; S.L.
1989, c. 168, s. 45.
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688
PROPOSED RULES
.QlQl PREVIOUSLY PERMITTED FACILITIES
(a) A facility that received a permit to emit toxic air
pollutants before October J^ 1993. shall continue to operate
under the terms of that permit. The emissions of toxic air
pollutants resulting from the subsequent modification of the
facility shall be regulated pursuant to Rule .0706 of this
Section.
(b) A facility that has received a permit to emit toxic air
pollutants before October \^ 1993. that is operating under a
compliance schedule previously approved by the Director,
and that will be subject to a MACT or GACT standard shall
comply with the terms of that compliance schedule unless the
owner or operator of the facility demonstrates to the
satisfaction of the Director that compliance requires
substantial capital expenditures that may be rendered
unnecessary when MACT or GACT is applied. Where such
a demonstration is made, the owner or operator of the facility
shall submit a permit application to comply with 15A NCAC
2D . 1 100 according to Rules .0705 or .0706 of this Section.
Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L.
1989. c. 168, s. 45.
.0708 COMPLIANCE SCHEDULE FOR
PREVIOUSLY UNKNOWN TOXIC AIR
POLLUTANT EMISSIONS
(a) The owner or operator of a facility permitted to emit
toxic air pollutants shall submit a permit application within
six months after the owner or operator learns ot' an emission
of a previously unknown toxic air pollutant from a permitted
source that would have been included in the permit when it
was issued. The application shall include the information
required by Paragraph (b) of this Rule.
(b) When an application to revise a permit is submitted
under this Rule, the owner or operator shall in addition to the
application, submit to the Director:
(1) m evaluation for the pollutant according to this
Section and Section 2D .1100 that demonstrates
compliance with the acceptable ambient level in
15A NCAC 2D .1104: or
(2) a compliance schedule containing the information
required under Paragraph (c) of this Rule for the
proposed modifications to the facility required to
comply with the acceptable ambient level according
to this Section and Section 15A NCAC 20 . 1 100.
(c) The compliance schedule required under Subparagraph
(b)(2) of this Rule shall contain the following increments of
progress as applicable:
(1) a date by which contracts for emission control and
process equipment shall be awarded or orders shall
be issued for the purchase of component parts:
(2) a date by which on-site construction or installation
of the emission control and process equipment shall
begin:
(3) a date by which on-site construction or installation
of the emission control and process equipment shall
final compliance shall be
be completed: and
(4) the date by which
achieved.
(d) Final compliance shall be achieved no later than:
(1) six months after the permit modification or renewal
is issued if construction or installation of emission
control or process equipment is not required: or
(2) one year after the permit modification or renewal is
issued if construction or installation of emission
control or process equipment is required: or
(3) the time that is normally required to construct a
stack or install other dispersion enhancement
modifications but not more than one year after the
permit modification or renewal is issued: or
(4) the time established pursuant to Director's approval
of a case by case request for an extension.
(e) The owner or operator shall certify to the Director
within ten days after each applicable deadline for each
increment of progress required under Paragraph £cj of this
Rule whether the required increment of progress has been
met.
Authority G.S. 143-215. 3(a)(1): 43-215. 107(a)(3). (5); 143B-
282; S.L. 1989, c. 168, s. 45.
.0709 DEMONSTRATIONS
(a) Demonstrations. The owner or operator of a source
who is applying for a permit or permit modification to emit
toxic air pollutants shall:
(1) demonstrate to the satisfaction of the Director
through dispersion modeling that the emissions of
toxic air pollutants from the facility will not cause
any acceptable ambient level listed in 15A NCAC
2D .1104 to be exceeded beyond the premises
(adjacent property boundary): or
(2) demonstrate to tlie satisfaction of the Commission
or its delegate that the ambient concentration
beyond the premises (adjacent property boundary)
for the subject toxic air pollutant will not adversely
affect human health (e.g.. a risk assessment
specific to tlie facility) though the concentration is
higher than the acceptable ambient level in 15A
NCAC 2D .1104 by providing one of the following
demonstrations:
(A) the area where the ambient concentrations
are expected to exceed the acceptable
ambient levels in 15A NCAC 2D .1104 is
not inhabitable or occupied for the duration
of the averaging time of tlie pollutant of
concern, or
(B) new toxicological data that show that the
acceptable ambient level in 15A NCAC 2D
. 1 104 for the pollutant of concern is too low
and the facility's ambient impact is below the
level indicated by tlie new toxicological data.
(b) Technical Infeasibility and Economic Hardship. This
Paragraph shall not apply to any incinerator covered under
689
NORTH CAROLINA REGISTER
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15A NCAC 2D .1200. The owner or operator of any source
constructed before May L, 1990. or a perchloroethvlene dry
cleaning facility subject to a GACT standard under 40 CFR
63.320 through 63.325 who cannot supply a demonstration
described in Paragraph (a) of this Rule shall:
(1) demonstrate to the satisfaction of ±e Commission
or its delegate that complying with the guidelines in
15A NCAC 2D .1104 is technically infeasible (the
technology necessary to reduce emissions to a leyel
to preyent the acceptable ambient levels in 15A
NCAC 2D .1104 from being exceeded does not
exist); or
(2) demonstrate to the satisfaction of the Commission
or its delegate that complying with the guidelines in
15A NCAC 2D .1104 would result in serious
economic hardship.
If the owner or operator makes a demonstration to the
satisfaction of the Commission or its delegate pursuant to
Subparagraphs ( 1 ) or 12} of this Paragraph, the Director shall
require the owner or operator of tlie source to apply
maximum feasible control. Maximum feasible control shall
be in place and operating within three years from the date that
the permit is issued for the maximum feasible control.
(c) Pollution Preyention Plan. The owner or operator of
any facility using the proyisions of Part (a)(2)(A) or
Paragraph (b) of tliis Rule shall develop and implement a
pollution prevention plan consisting of tlie following
minimum elements:
(1) statement of corporate and facility commitment to
pollution prevention:
(2) identification of current and past pollution
preyention activities:
(3) timeline and strategy for implementation:
(4) description of ongoing and planned employee
education efforts:
(5) identification of internal pollution prevention goal
selected by the facility and expressed in either
qualitative or quantitative terms.
The facility shall submit along with the permit application the
pollution prevention plan. The pollution prevention plan shall
be maintained on site. A progress report on implementation
of the plan shall be prepared by the facility annually and be
made available to Division personnel for review upon request.
(d) Modeling Demonstration. If the owner or operator of
a facility demonstrates by modeling that no toxic air pollutant
emitted from the facility exceeds the acceptable ambient level
values given in 15A NCAC 2D .1104 beyond the facility's
premises, further modeling demonstration is not required with
the permit application. However, the Commission may still
require more stringent emission levels according to its
analysis under 15A NCAC 2D . 1 107.
Authority G.S. 143-21 5.3(a)(1); 143-215.108; 143B-282; S.L.
1989, c. 168, s. 45.
PUBLIC HEARING
(a) If the owner or operator of a facility chooses to make a
demonstration pursuant to Rule .0709 (a)(2) or (b) of this
Section, the Commission or its delegate shall approve or
disapprove the permit after a public notice with an
opportunity for a public hearing.
(b) The public notice shall be given by publication in a
newspaper of general circulation in the area where the facility
is located and shall be mailed to persons who are on the
Division's mailing list for air quality permit notices.
(c) The public notice shall identify:
(1) the affected facility:
(2) the name and address of the permittee:
(3) the name and address of the person to whom to
send comments and requests for public hearing:
(4) the name, address, and telephone number of a
Divisional staff person from whom interested
persons may obtain additional information,
including copies of the draft permit, the application,
compliance plan, pollution prevention plan,
monitoring and compliance reports, all other
relevant supporting materials, and all other
materials available to the Division that are relevant
to the permit decision:
(5) the activity or activities involved in the permit
action:
(6) any emissions change involved in any permit
modification:
(7) a brief description of the public comment
procedures:
(8) the procedures to follow to request a public hearing
unless a public hearing has already been scheduled:
and
(9) the time and place of any hearing that has already
been scheduled.
(d) The notice shall allow at least 30 days for public
comments.
(e) If the Director determines that significant public
interest exists or that the public interest will be served, the
Director shall require a pubic hearing to be held on a draft
permit. Notice of a public hearing shall be given at least 30
days before the public hearing.
(f) The Director shall make available for public inspection
in at least one location in the region affected, the information
submitted by the permit applicant and the Division's analysis
of that application.
(g) Any persons requesting copies of material identified in
Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) a
page for each page copied. Confidential material shall be
handled in accordance with Rule .0107 of this Subchapter.
Authority G.S. 143-215. 3(a)(1); 143-215.108; 143B-282; S.L.
1989, c. 168, s. 45.
.0710 PUBLIC NOTICE AND OPPORTUNITY FOR
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PROPOSED RULES
.071 1 EMISSION RATES REQUIRING A PERMIT
A permit to emit toxic air pollutants shall be required for any facilit>' whose actual (or permitted if higher) rate of emissions
from all sources are greater than ans one of the following toxic air pollutant permitting emissions rates:
Pollutant (CAS Number)
Carcinogens
lb AT
Chronic
Toxicants
Ib'dav
Acute
Systemic
Toxicants
Ibhr
Acute Irritants
Ib-Tir
acetaldehvde (75-07-0)
6.8
acetic acid (64-19-7)
0.96
acrolein (107-02-8)
0.02
acpvlonitnle ( 107-13-1)
10
ammonia (7664-41-7)
0.68
ammonium chromate
(7788-98-9)
0.013
ammonium dichromate
(7789-09-5)
0.013
anilme (62-53-3)
0.25
arsenic and inorganic
arsenic compounds
0.016
asbestos (1332-21-4)
1.9 X 10"
aziridme ( 151-56-4)
0.13
benzene (71-43-2)
8.1
benzidine and salts (92-87-5)
0.0010
benzo(a)p\rene (50-32-8)
1 1
benzvl chloride (100-44-7)
0.13
berv'llium (7440-41-7)
0.28
ben-llium chloride (7787-47-5)
0.28
ber\llium fluoride (7787-49-7)
0.28
ber^'llium nitrate ( 13597-99-4)
0.28
bis-chloromethvl ether (542-88-1 )
0.025
bromine (7726-95-6)
0.052
1.3-butadiene (106-99-0)
12
cadmium (7440-43-9)
0.37
cadmium acetate (543-90-8)
0.37
cadmium bromide (7789-42-6)
0.37
calcium chromate ( 13765-19-0)
0.0056
carbon disulfide (75-15-0)
3.9
carbon tetrachloride (56-23-5)
460
(
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NORTH CAROLINA REGISTER
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PROPOSED RULES
Pollutant (CAS Number)
Carcinogens
Ib/yr
Chronic
Toxicants
lb/day
Acute
Systemic
Toxicants
Ib/hr
Acute Irritants
Ib/hr
chlorine (7782-50-5)
0.79
0.23
chlorobenzene (108-90-7)
46
chloroform (67-66-3)
290
chloroprene (126-99-8)
9.2
0.89
chromic acid (7783-94-5)
0.013
chromium (vi)
0.0056
cresol (1319-77-3)
0.56
p-dichlorobenzene (106-46-7)
16.8
dichlorodifluoromethane
(75-71-8)
5200
dichlorofluoromethane (75-43-4)
10
di(2-ethvlhexvl)phthalate
(117-81-7)
0.63
dimethyl sulfate (77-78-1)
0.063
1.4-dioxane (123-91-1)
12
epichlorohvdrin( 106-89-8)
5600
ethyl acetate (141-78-6)
36
ethvlenediamine (107-15-3)
6.3
0.64
ethylene dibromide (106-93-4)
27
ethylene dichloride (107-06-2)
260
ethylene glycol monoethyl ether
(110-80-5)
2J
0.48
ethylene oxide (75-21-8)
1.8
ethyl mercaptan (75-08-1)
0.025
fluorides
0.34
0.064
formaldehyde (50-00-0)
0.04
hexachlorocvclopentadiene
(77-47-4)
0.013
0.0025
hexachlorodibenzo-p-dioxin
(57653-85-7)
0.0051
n-hexane (110-54-3)
23
hexane isomers except n-hexane
92
hydrazine (302-01-2)
0.013
hydroaen chloride (7647-01-0)
0.18
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692
PROPOSED RULES
Pollutant (CAS Number)
Carcinogens
Ib/vr
Chronic
Toxicants
Ib/dav
Acute
Systemic
Toxicants
Ib/hr
Acute Irritants
Ib/hr
hydrogen cvanide (74-90-8)
2.9
0.28
hvdroaen fluoride (7664-39-3)
0.63
0.064
hvdro2en sulfide (7783-06-4)
0.52
maleic anhydride (108-31-6)
0.25
0.025
manganese and compounds
0.63
mansanese cyclopentadienyl
tricarbonyl (12079-65-1)
0.013
manganese tetroxide
(1317-35-7)
0.13
mercury, alkyl
0.0013
mercup,', ar\l and inorganic
compounds
0.013
mercury, yapor (7439-97-6)
0.013
methyl chloroform (71-55-6)
250
64
methylene chloride (75-09-2)
1600
0.39
methyl ethyl ketone (78-93-3)
78
22.4
methyl isobutyl ketone
(108-10-1)
52
7.6
methvl mercaptan (74-93-1)
0.013
nickel carbonvl (13463-39-3)
0.013
nickel metal (7440-02-0)
0.13
nickel, soluble compounds,
as nickel
0.013
nickel subsulfide( 12035-72-2)
0.14
nitric acid (7697-37-2)
0.256
nitrobenzene (98-95-3)
1.3
0.13
N-nitrosodimethylamine
(62-75-9)
3.4
pentachlorophenol (87-86-5)
0.063
0.0064
perchloroethylene (127-18-4)
13000
phenol (108-95-2)
0.24
phosgene (75-44-5)
0.052
phosphine (7803-51-2)
0.032
poh'chlorinated biphenyls
(1336-36-3)
5.6
i
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PROPOSED RULES
Pollutant (CAS Number)
Carcinogens
Ib/vr
Chronic
Toxicants
Ib/dav
Acute
Svstemic
Toxicants
Ib/hr
Acute Irritants
Ib/hr
potassium chromate (7789-00-6)
0.013
potassium dichromate
(7778-50-9)
0.013
sodium chromate (7775-11-3)
0.013
sodium dichromate (10588-01-9)
0.013
strontium chromate (7789-06-2)
0.0056
stvrene (100-42-5)
2.7
sulfuric acid (7664-93-9)
0.25
0.025
tetrachlorodibenzo-p-dioxin
(1746-01-6)
0.00020
l.l,I.2-tetrachloro-2.2.-
difluoroethane (76-1 1-9)
1100
1.1.2.2-tetrachloro-1.2-
difluoroethane (76-12-0)
1100
1 . 1 .2.2-tetrachloroethane
(79-34-5)
430
toluene (108-88-3)
98
14.4
toluene diisocyanate,2,4-(584-84-9)
and 2.6- (91-08-7) isomers
0.003
trichloroethvlene (79-01-6)
4000
trichlorofluoromethane (75-69-4)
140
1,1,2-trichloro- 1,2,2-
trifluoroethane
(76-13-1)
240
vinvl chloride (75-01-4)
26
vinvlidene chloride (75-35-4)
2.5
xylene (1330-20-7)
57
16.4
zinc chromate (13530-65-9)
0.0056
Authority G.S. 143-215. 3(a)(l}; 143-215.108; 143B-282; S.L. 1989. c. 168, s. 45.
.0712 CALLS BY THE DIRECTOR
Notwithstanding any other provision of this Section or 15A
NCAC 2D .1104. upon a written finding that a source or
facility emitting toxic air pollutants presents an unacceptable
risk to human health based on the acceptable ambient levels in
15A NCAC 2D .1104 or epidemiology studies, the Director
may require the owner or operator of the source or facility to
submit a permit application to comply with 15A MCAC 2D
■ 1100 for any or aO of the toxic air pollutants emitted from
the facility.
Authority G.S. 143-21 5. 3 (a)(1); 143-215.108; 143B-282; S.L.
1989. c. 168. s. 45.
.0713 POLLUTANTS WITH OTHERWISE
APPLICABLE FEDERAL STANDARDS OR
REQUIREMENTS
(a) This Rule a pplies to the establishment of emission
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October 15, 1997
694
PROPOSED RULES
limitations or any other requirements pursuant to the
requirements of this Section or 15A NCAC 2D .1 100 for
which a standard or requirement has been promulgated under
Section 112 of the federal Clean Air Act including those
contained in 15A NCAC 2D . 1 1 10 and . 1 1 1 1 .
(b) For each facility subject to emission standards or
requirements under Section 1 12 of the federal Clean Air Act,
permits issued or revised according to Section .0500 of this
Subchapter shall contain specific conditions that:
(1) reflect applicability criteria no less stringent than
those in the otherwise applicable federal standards
or requirements:
(2) require levels of control for each affected facility
and source no less stringent than those contained in
the otherwise applicable federal standards or
requirements;
(3) require compliance and enforcement measures for
each facility and source no less stringent than those
in the otherwise applicable federal standards or
requirements:
(4) express levels of control, compliance, and
enforcement measures m the same form and units
of measure as the otherwise applicable federal
standards or requirements: and
(5) assure compliance by each affected facility no later
than would be required by the otherwise applicable
federal standard or requirement.
Authority G.S. 143-215. 3(a)(1): 143-215.108; 143B-282; S.L.
1989. c. 168. s. 45.
Notice is hereby given in accordance with G.S. 150B-21.2
that the Environmental Management Commission intends
to adopt rules cited as 15A NCAC 2R .0501 - .0504. Notice
of Rule-making Proceedings was published in the Register on
May 1, 1997.
Proposed Effective Date: August 1. 1998
A Public Hearing will be conducted at 7:00 p.m. on
November 3. 1997 at the Groundfloor Hearing Room,
Archdale Building. 512 N. Salisbury Street. Raleigh. NC.
Reason for Proposed Action: During the 1996 session of the
North Carolina General Assembly, Article 21 of Chapter 143
of the General Statutes was amended by adding sections 143-
214.8 through 214.13. Tliese sections established the
Wetlands Restoration Program as a non-regulatory statewide
program for the acquisition, maintenance, restoration,
enlmncement, and creation of wetlands and riparian resources
that contribute to the protection and improvement of water
quality, flood prevention, fisheries, wildlife habitat, and
recreational opportunities. Jlie purpose of this nde-making
initiative is to establish the Wetlaruis Restoration Fund, which
is a component of the Wetlands Restoration Program, and a
standardized schedule of per acre payment amounts for
individuals to voluntarily pay into the fund in lieu of
compensatory mitigation requirements.
Comment Procedures: Comments, statements, data and
other information maty be submitted in writing by November
14, 1997. Copies of the proposed ndes and information
concerning the ndes may be obtained by contacting the
Wetlands Restoration Program at (919) 733-5083 ext. 358 or
by submitting to Ron Ferrell. Wetlands Restoration Program,
Division of Water Quality, PO Box 29535, Raleigh, NC
27626-0535.
Fiscal Note: Rules 15A NCAC 2R .0502 - .0504 do not affect
the expenditures or revenues of state or local government
funds; I5A NCAC 2R .0501 does affect state government
funds, but does not affect local government funds. These
Rules do not have a substantial economic impact of at least
five million dollars ($5,000,000) in a 12-month period.
CHAPTER 2 - ENVmONMENTAL MANAGEMENT
SUBCHAPTER 2R - WETLANDS RESTORATION
PROGRAM
SECTION .0500 - WETLANDS RESTORATION FUND
.0501 PURPOSE
(a) The purpose of the Wetlands Restoration Fund (Fund)
is to provide a repository for monetary contributions or
payments and donations or dedications of interests in real
property. Fund assets will be used to promote the restoration,
enhancement, preservation, or creation of wetlands and
riparian areas. Fund assets will only be used for the purpose
of contributing directly to the acquisition, perpetual
maintenance, enhancement, restoration, or creation of
wetlands and riparian areas as described in G.S. 143-214.8-
13 in accordance with the wetlands restoration plans
developed for each river basin.
(b) Payments into the Fund as determined in accordance
with Rule .0502 of this Section shall be considered as
compliance with the compensatory mitigation requirements of
certifications issued by the Department under 33 U.S.C. ^
1341; and permits or authorizations issued by the United
States Army Corps of Engineers under 33 U.S.C. ^ 1344 if
the contributions will meet the mitigation requirements of the
U. S^ Army Corps of Engineers.
(c) Donations or dedications of interest in real property
may be accepted if consistent with the goals and objectives of
the restoration plan for the river basin as determined by the
Secretary or Designee.
Authority G.S. 143-214.11; 143-214.12.
.0502 DEFINITIONS
(a) Compensatory mitigation means the restoration,
creation, enhancement or preservation of wetlands, riparian
695
NORTH CAROLINA REGISTER
October 15, 1997
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PROPOSED RULES
areas and classified surface waters that is required as a
condition of certifications issued by the Department under 33
U.S.C. ^ 1341 and perinits or authorizations issued by the
United States Army Corps of Engineers under 33 U.S.C. ^
1341.
(b) Non-riparian wetlands means Class WL wetlands as
defined in 15A NCAC 2B .0101(c)(8) whose major source of
water is precipitation. Wetland types generally considered to
be non-riparian include wet flats, pocosins and ephemeral
wetlands.
(c) Riparian wetlands means Class WL wetlands as defined
in 15A NCAC 2B .0101(c)(8) whose major source of water is
ground water or surface water. Wetland types generally
considered to be riparian include freshwater marshes, swamp
forests, bottomland hardwood forests, headwater forests, bog
forests, mountain bogs and seeps.
Authority G.S. 143-214.11; 143-214.12.
.0503 SCHEDULE OF FEES
(a) This schedule of fees is based on the cost of restoring
or creating wetlands or surface waters capable of performing
the same or similar functions as the wetlands or surface
waters that have been impaired h^ permitted development
projects. The fees include directly related costs of restoration
planning. land acquisition. long-term monitoring,
maintenance and preservation of restored areas.
(b) The amount of payment into the Fund in lieu of
compensatory mitigation requirements as described in Rule
.0501(b) of this Section shall be determined in accordance
with Subparagraphs (1) through (3) of this Paragraph. The
fee will be based on the acres and types of compensatory
mitigation specified in the approved U.S. Army Corps of
Engineers permit under 33 U.S.C. ^ 1344 or tlie certification
issued by this Department under 33 U.S.C. ^ 1341.
Payments shall be calculated in 0.25 acre increments for Proposed Effective Date: August 1, 1998
wetlands and by the linear foot for streams.
designee on a case-by-case basis. The decision on whether to
accept other properties shall include a determination that
restoration or preservation of the property is consistent with
the goals and objectives of the restoration plan for the river
basin. The amount of credit for donations of property shall
consider the costs of restoration planning, long-term
monitoring, and maintenance of the donated property.
(d) This fee schedule will be subject to update and revision
upon determination that assessed fees vary from the actual
costs of restoration activities described in Rule .0501(a) of
this Section.
Authority G.S. 143-214.11; 143-214.12.
.0504 PAYMENT
(a) Payment of fees shall be made by check or electronic
fund transfer to tlie North Carolina Wetland Restoration
Fund.
(b) Donations or dedications of interest in real property
shall be deeded to tlie State of North Carolina or to other
public or private nonprofit conservation organizations as
approved by the Department.
Authority G.S. 143-214.11; 143-214.12.
**4:*******:^4:
Notice is hereby given in accordance with G.S. 150B-21.2
that the Commission for Health Services intends to
amend rules cited as 15A NCAC 18A .2601 - .2604, .2606 -
.2610, .2612 - .2618, .2620 - .2624, .2626 - .2628, .2630,
.2632 - .2633, .2638, .2643; and to repeal 15A NCAC 18A
. 2605. Notice of Rule-making Proceedings was published in
the Register on August 15, 1997.
(1) Classified surface waters other than wetlands as
defined in I5A NCAC 2B .0202. The payment
shall be one hundred twenty -five dollars ($125.00)
per linear foot of stream.
{2} Class WL wetlands as defined in 15A NCAC 2B
.0101(c)(8). The payment shall be:
(A) twelve thousand dollars ($12.(X)0) per acre
for non-riparian wetlands.
(B) twenty-four thousand dollars ($24.000) per
acre for riparian wetlands.
(3} Class SWL wetlands as defined in 15 A NCAC 2B
.QlQl(d)(4). The payment shall be one hundred
twenty thousand dollars ($120.(X)0) per acre.
(c) Donations or dedications of interest in real property
may be accepted in lieu of compensatory mitigation
requirements as described in Rule .0501(b) of this Section
provided that the property has been identified as an approved
site in the restoration plan developed for each river basin.
Other properties may be considered by the Secretary or liis
A Public Hearing will be conducted at 10:00 a.m. on
November 4, 1997 at the Ground Floor Hearing Room,
Archdale Building, 512 N. Salisbury Street, Raleigh, NC
27602.
Reason for Proposed Action: 15A NCAC 18A .2600 "Rules
Governing The Sanitation of Restaurants and Other Food
Handling Establishments " are in need of additional definition
and clarification. This additional definition and clarification
is necessary to increase uniformity in interpretation and
application of the ride on a statewide basis. Also, there is a
need to include recommended changes from the 1997 Food
and Drug Administration food code. Inclusion of several of
the FDA recommended changes will help North Carolina stay
abreast of the ever changing world of science and technology.
These changes are needed to best protect the Public Health of
the Citizens of North Carolina.
Comment Procedures: All persons interested in this matter
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NORTH CAROLINA REGISTER
October 15, 1997
696
PROPOSED RULES
are invited to attend the public hearing. The Commission for
Health Services will review mailed in written comments
postmarked no later than December 4, 1997. Any person
desiring to submit lengthy comments is required to submit a
written statement for inclusion in the record of proceeding at
the public hearing. Additional information concerning the
hearing or the proposals may be obtained by contacting
Michael Rhodes, Environmental Health Ser\>ices Section,
P.O. Box 29534, Raleigh, NC 27626-0534, (919) 715-0930.
Fiscal Note: These Rules do not affect the expenditures or
revenues of state or local govertmient funds. These Rules do
not have a substantial economic impact of at least five million
dollars ($5,000,000) in a 12-month period.
CHAPTER 18 - ENVIRONMENTAL HEALTH
SUBCHAPTER 18A - SANITATION
SECTION .2600 - SANITATION OF RESTAURANTS
AND OTHER FOODHANDLDMG ESTABLISHMENTS
.2601 DEFINITIONS
The following definitions shall apply in the intei^jretation
and enforcement of this Section:
(1) "Approved" means determined by the Department
to be in compliance with this Section. Food se r vice
equi p ment — which — meets — National — Sanitation
Toundation standa r ds o r equal shall be conside r ed
as a ppr oved. — The National Sanitation Foundation
Comme r cial Food Se r vice Equi p ment Standa r ds a r e
he r eby inco rp o r ated by r efe r ence including any
subsequent amendments and editions. This mate r ial
is available fo r ins p ection at the Depa r tment of
Envi r onment. — Health. — and — Natu r al — Resou r ces,
Division of Envi r onmental Health. 2728 Capital
Blvd.. Raleigh. No r th Ca r olina. — Co p ies may be
obtained f r om NSF Inte r national. P.O. Box 13014.
Ann A r bo r . Michigan 48113-0140. at a cost of
th r ee hund r ed and twenty five dolla r s (S325.00).
Food which com p lies with r equi r ements of the
No r th — Ca r olina — De p a r tment — of — Ag r icultu r e — or
United States De p a r tment of Agricultu r e and the
r equi r ements of this Section shall be conside r ed as
app r oved.
(2) "Catered elderly nutrition site" means an
establishment or operation where food is served,
but not prepared on premises, operated under the
guidelmes of the N.C. Department of Human
Resources, Division of Aging.
(3) "Commissary" means a food stand that services
mobile food units and pushcarts. The commissary
may or may not serve customers at the food stand's
location.
(4) "Department of Envi r onment, Health, Environment
and Natural Resources" or "Department" means the
North Carolina Department of Envi r onment,
^m
mam
fB)a5}
Health, Environment and Natural Resources. The
term also means the authorized representative of the
Department. For purposes of ani^ notices required
pursuant to these Rules, notice shall be mailed to
"Division of Environmental Health. Enviroimiental
Health Section. North Carolina Department of
Environment and Natural Resources." P.O. Box
27687. Raleigh. North Carolina 27626-0534.
(5) "Drink stand" means those establishments in which
only beverages are prepared on the premises and
are served in multi-use containers, such as glasses
or mugs.
ifi) "Eating — and — cooking — utensils" — means — any
kitehcnwa r c. tablewa r e. glasswa r e, cutlery,
utensils, containe r s, o r othe r equi p ment with which
food o r d r ink comes in contact du r ing sto r age,
p r epa r ation, or se r ving.
"Employee" means any person who handles food or
drink during preparation or serving, or who comes
in contact with any eating or cooking utensils, or
who is employed at any time in a room in which
food or drink is prepared or served.
"Environmental Health Specialist" means a person
authorized to represent the Department on the local
or state level in making inspections pursuant to state
laws and rules.
"Equipment" means refrigerators, stoves, ovens.
dishwashing machines and other similar major
appliances.
"Food" means any raw. cooked, or processed
edible substance, ice, beverage, or ingredient used
or intended for use or for sale in whole or in part
for human consumption.
"Food stand" means those food service
establishments which prepare or serve foods and
which do not provide seating facilities for
customers to use while eating or drinking.
Establishments which only serve such items as dip
ice cream, popcorn, candied apples, or cotton
candy are not included.
"Good Repair" means that the item in question can
be kept clean, used for its intended purpose and
does not present a threat to the public health.
"Hermetically sealed container" means a container
designed and intended to be secure against the entry
of micro-organisms and to maintain the commercial
sterility of its contents after processing.
"Limited food service establishment" means a food
service establishment as described in G.S. 130A-
247(7).
"Local Health Director" means the administrative
head of a local health department or his authorized
representative.
"Mobile food unit" means a vehicle-mounted food
service establishment designed to be readily moved.
"Person" means any individual, firm, association,
organization, partnership, business trust.
m
18}
mm
worn
LJl}
697
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
corporation, or company.
ti5)£17} "Potentially hazardous food" means any food or
ingredient, natural or synthetic, in a form capable
of supporting the growth of infectious or toxigenic
microorganisms, including Clostridium botulinum.
This term includes raw or heat treated foods of
animal origin, raw seed sprouts, and treated foods
of plant origin. The term does not include foods
which have a pH level of 4.6 or below or a water
activity (Aw) value of 0.85 or less.
H€ i(lS) "Private club" means a private club as defined in
G.S. 130A-247(2).
H^ (19) "Pushcart" means a mobile piece of equipment or
vehicle which serves hot dogs or foods which have
been prepared, pre-portioned, and individually
pre-wrapped at a restaurant or commissary.
H9i) (20) "Responsible person" means the individual present
in a food service establishment who is the apparent
supervisor of the food service establishment at the
time of inspection. If no individual is the apparent
supervisor, then any employee is the responsible
person.
ft^ (21) "Restaurant or food service establishment " means
all establishments and operations where food is
prepared or served at wholesale or retail for pay, or
any other establishment or operation where food is
prepared or served that is subject to the provisions
of G.S. 130A-248. The term does not include
establishments which only serve such items as dip
ice cream, popcorn, candied apples, or cotton
candy.
(20) "Sanita r ian" means a p e r son autho r ized to r e pr esent
the De p a r tment on the local o r state level in making
ins p ections p u r suant to state laws and r ules.
f^r¥i (22) "Sanitize" means the approved bactericidal
treatment by a process which meets the temperature
and chemical concentration levels in 15A NCAC
ISA .2619.
t22)£23i "Sewage" means the liquid and solid human body
waste and liquid waste generated by water-using
fixtures and appliances, including those associated
with foodhandling. The term does not include
industrial process wastewater or sewage that is
combined with industrial process wastewater.
f23) (24) "Single service" means cups, containers, lids,
closures, plates, knives, forks, spoons, stirrers,
paddles, straws, napkins, wrapping materials,
toothpicks, and similar articles intended for
one-time, one person use and then discarded.
(25) "Substantially similar" means similar in
importance, de gree, amount, placement or extent.
(24)£26} "Temporary food establishment" means those food
or drink establishments which operate for a period
of 15 days or less, in connection with a fair,
carnival, circus, public exhibition, or other similar
gathering.
(27) "Threat to the Public Health" means circumstances
which create a significant risk of serious physical
injury or adverse health effect.
(28) "Utensils" means any kitchenware. tableware,
glassware, cutlery, containers and similar items
with which food or drink comes in contact during
storage, preparation, or serving.
Authority G.S. 130A-248.
.2602 PERMITS
(a) No permit to operate shall be issued to a person until
an evaluation by the Department shows that the establishment
complies with this Section.
(b) Upon transfer of ownership of an existing food service
establishment, the Department shall complete an evaluation.
If the establishment satisfies all the requirements of the rules,
a permit shall be issued. If the establishment does not satisfy
all the requirements of the rules, a permit shall not be issued.
However, if the Department determines that the noncompliant
items are construction or equipment problems that do not
represent a threat to the public health, a transitional permit
may be issued. The transitional permit shall expire 96 180
days after the date of issuance, unless suspended or revoked
before that date, and shall not be renewed. Upon expiration
of the transitional permit, the owner or operator shall have
corrected the noncompliant items and obtained a permit, or
the food service establishment shall not continue to operate.
(c) The Department may impose conditions on the issuance
of a permit or transitional permit. Conditions may be
specified for one or more of the following areas:
(1) The number of seats or persons served.
(2) The categories of food served.
(3) Time schedules in completing minor construction
items.
(4) Modification or maintenance of water supplies.
(5) Use of facilities for more than one purpose.
(6) Continuation of contractual arrangements upon
which basis the permit was issued.
(7) Submission and approval of plans for renovation.
(8) Any other conditions necessary for a food service
operation to remain in compliance with this
Section.
(d) If a permit or transitional permit has been suspended,
the suspension shall be lifted after the Department has
evaluated the food service operation and found that the
violations causing the suspension have been corrected. If a
permit or transitional permit has been revoked, a new permit
shall be issued only after the Department has evaluated the
food service operation and found it to comply with all
applicable rules. The evaluations shall be conducted within a
reasonable length of time after the request is made by the
operator.
Authority G.S. 130A-248.
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October 15, 1997
698
PROPOSED RULES
.2603 PUBLIC DISPLAY OF GRADE CARD
(a) Upon initial permitting of a food service establishment,
the Environmental Health Specialist shall designate the
location for posting of the grade card. The grade card shall
be located in a conspicuous place where it may be readily
observed by the public upon entering the establishment. If
the owner of the foodservice establishment objects to the
location designated by the Environmental Health Specialist,
then the owner may suggest an alternative location which
meets the criteria of this Rule. If the Environmental Health
Specialist and the owner cannot agree as to the location of the
grade card, the owner may appeal the decision of the
Environmental Health Specialist as provided under Rule
.2643 of this Section.
(b) Except for inspections identified in Rule .2606(b) of
this Section where a worksheet is given to the establishment.
Wheneve r whenever an inspection of a restaurant, food stand,
or drink stand is made, the sanita r ian Environmental Health
Specialist shall remove the existing grade card, issue a new
grade card, and post the new grade card in a cons p icuous
place whe r e it may be r eadily obse r ved by the p ublic u p on
ente r ing the facility in tfie location where the grade card was
previously posted as long as that location remains
conspicuous. Under no circumstances shall the grade card be
relocated based upon a change in tlie grade received by the
foodservice establishment. The owner or operator of the
foodservice establishment shall be responsible for keeping the
grade card posted at the designated location designated by the
sanita r ian at all times.
Authority G.S. 130A-248.
.2604 INSPECTIONS AND REINSPECTIONS
(a) Upon entry into a food service establishment.
Environmental Health Specialists shall identify themselves
and their purpose in visiting that establishment.
Environmental Health Specialists shall inquire as to the
identity of the responsible person and request that the
responsible person accompany them during the inspection. If
no employee is identified as tlie responsible person.
Environmental Health Specialists shall ask an employee to
accompany them on tjie inspection. Following the inspection.
the Environmental Health Specialist shall offer to review the
results of the inspection with the responsible person.
(b> A food service establishment may be allowed to correct
on tlie spot, violations of these Rules, without the loss of
points in that grading period ifi
(1) The violation is remedied during the duration of the
inspection: and
(2) The same violation was not identified by the
Environmental Health Specialist during the
immediately preceding quarterly inspection.
When a correction on tlie spot is allowed, the violation shall
be recorded and correction of the item documented on the
grade sheet.
{cj The grading of restaurants, food stands, or drink stands
shall be done on an inspection form furnished by the
iH
131
(4]
(5i
161
111
Department to local health departments. The form shall
provide for but need not be limited to the following
information:
( 1) the name and mailing address of the facility:
the name of person to whom permit is issued:
the permit and score given:
standards of construction and operation as listed in
Rules .2607 through .2644 of this Section:
a short explanation for all points deducted:
space for a short recitation of all violations
corrected on tlie spot as allowed by Paragraph (b)
of this Rule:
the signature of the Environmental Health
Specialist:
(8) the date.
(d) In filling out the inspection form, points may be
deducted only once for a single occurrence or condition
existing within or outside of tfie food service establishment.
Deductions shall be based on actual violations of these Rules
observed during the inspection.
(e) In determining whether items or areas of an
establishment are clean for purposes of enforcing the Rules
set forth in tlus Section and grading an establishment, the
Environmental Health Specialist shall consider, among other
things: the age of the accumulated material, the relative
percentage of items which are clean and not clean, the
cleaning practices of tlie establishment and the health risk
posed by tlie circumstances.
WUQ Upon request of management the permit holder or
his or her representative a reinspection shall be made.
tb) i_g] In the case of establishments that have been closed
for failure to comply with these Rules, an ins p ection a
reinspection to consider the issuance or reissuance of a permit
shall be made at the earliest convenience of the sanita r ian.
Environmental Health Specialist.
(c^ llU In the case of establishments which request an
inspection for the purpose of raising the alphabetical grade,
and which hold unrevoked permits, the sanitarian
Environmental Health Specialist shall make an unannounced
inspection after the lapse of a reasonable period of time, not
to exceed 15 days, from the date of the request.
Auihonn- G.S. 130A-248.
.2605 INSPECTION FORMS
The g r ading of r estau r ants, food stands, o r d r ink stands
shall be done on an inspection form furnished by the
De p a r tment to local health de p a r tments. — The form shall
pr ovide fo r but need not be limited — to the — following
info r mation :
Hi the name and mailing add r ess of the facility;
t-2-) name of p e r son to whom permit is issued,
{i) the p e r mit and sco r e given ;
on the (+) — standa r ds of const r uction and o p e r ation as listed'
Rules .2 6 07 th r ough .2644 of this Section;
the signatu r e of the sanita r ian;
date.
699
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
Authority G.S. 130A-248.
.2606 GRADING
(a) The sanitation grading of all restaurants, food stands,
and drink stands, shall be based on a system of scoring
wherein all establishments receiving a score of at least 90
percent shall be awarded Grade A; all establishments
receiving a score of at least 80 percent and less than 90
percent shall be awarded Grade B; all establishments
receiving a score of at least 70 percent and less than 80
percent shall be awarded a Grade 6t of Provisional. Permits
shall be revoked for establishments receiving a score of less
than 70 percent.
£bi If an establishment which has maintained an average
score of 90 percent or above for prior inspections occurring
during the current quarter and the previous four quarters (or
for its entire period of operation if u has operated for four
quarters or less) receives a score of 80 percent to 89.9
percent, the Environmental Health Specialist shall post a
grade card reflecting the fact that the establishment has
maintained an "A" grade average during that period and that
the establishment shall be re graded within 15 days. In
addition, the Environmental Health Specialist shall provide
the establishment with a work sheet reflecting the items for
which points were deducted during the inspection. Within 15
days of the date of that inspection, the Environmental Health
Specialist shall conduct a follow-up inspection of the
establishment. At the time of the follow-up inspection, the
grade resulting from that follow-up inspection shall be posted.
(c) IL as a result of a quarterly inspection, an
establishment receives an inspection score of 70 percent to
79.9 percent, a follow-up inspection shall be conducted not
more than 60 days nor less than 30 days from the date of the
initial inspection. If the establishment does not receive a
score of 80 percent or above during this follow-up inspection,
then the Department shall initiate proceedings for an intent to
suspend the establishment's permit pursuant to G.S. 130A-
23(b) and (c}^ Nothing herein shall effect the right of the
establishment to appeal any decision under Rule .2643 of this
Section, or pursuant to G.S. 150B. If an establishment
chooses to appeal pursuant to Rule .2643 of this Section,
suspension of the permit shall be stayed imtil this informal
appeals process is complete.
ttrtldl The grading of restaurants, food stands, and drink
stands, shall be based on the standards of operation and
construction as set forth in Rules .2607 through .2644 of this
Section. An establishment shall receive a credit of two points
on its score for each inspection for a period of three years if
the manager or other person responsible for operation of that
establishment attends a foodservice sanitation program
approved by the Department and continues to be employed by
the establishment.
tc)(el The posted numerical grade shall not be changed as
a result of a food sampling inspection.
(£1 Nothing herein shall effect the right of a permit holder
to a reinspection pursuant to Rule .2604 of this Section.
(g) Nothing herein shall prohibit the Department from
immediately suspending or revoking a permit pursuant to
G.S. 130A-23(d).
Authority G.S. 130A-248.
.2607 STANDARDS AND APPROVAL OF PLANS
(a) Plans, drawn to scale, and specifications including the
proposed menu, for new food service establishments shall be
submitted for review and approval to the local health agency
prior to initiating construction. Plans, drawn to scale, and
specifications including the proposed menu shall also be
submitted prior to construction of changes in the dimensions
of food preparation areas, seating capacity or the addition of
rooms to existing food service establishments. These plans
shall include changes related to the increase in dimensions of
food preparation areas, seating capacity or the addition of
rooms. Plans, d r awn to scale and s p ecifications fo r p r ototype
"f r anchiscd" o r "chain" facilities shall also be submitted fo r
r eview and a ppr oval to the Envi r onmental Health Se r vices
Section. Division of Envi r onmental Health .
(b) Plans. dra\* n to scale, and specifications including the
proposed menu, for initial "franchised" or "chain" facilities
shall be submitted for review and approval to the
Environmental Health Services Section. Division of
Environmental Health. Thereafter, plans for "franchised" or
"chain" facilities which are certified by an architect to be the
same or substantially similar to the initial facility shall be
submitted to the local health agency as required in Paragraph
(a) of this Rule. At the time of submission to the local health
agencv. an architect shall set forth in writing how these plans
differ from the initial plans approved by the Division. Copies
of this letter shall be submitted to ilie Environmental Health
Services Section and the local health agency.
tfrXc) Construction shall comply with approved plans and
specifications.
Authority G.S. 130A-248.
.2608 SOURCES OF FOOD
All food shall be obtained from sources that comply with
all laws relating to food and food labeling and shall be
properly identified. Food in hermetically sealed containers
shall have been processed in a commercial food processing
establishment operated in compliance with G.S. 106-120
through 145. Copies of G.S. 106-120 through 145 may be
obtained from the Food and Drug Protection Division, North
Carolina Department of Agriculture. All food shall be clean,
wholesome, free from adulteration and spoilage, safe for
human consumption, and shall be handled, served, or
transported in such a manner as to prevent contamination,
adulteration, and spoilage. Only approved containers and
utensils may be used. Upon discovery. Foods foods that are
spoiled or otherwise unfit for human consumption shall be
immediately disposed of as garbage or returned to the source
except as specified in .2641 of this Section. Foods to be
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October 15, 1997
700
PROPOSED RULES
returned to the source shall be marked as such and stored in a
fashion so as not to contaminate other food.
Authority G.S. 130A-248.
.2609 REFRIGERATION: THAWING: AND
PREPARATION OF FOOD
(a) All potentially hazardous foods requiring refrigeration
shall be kept at or below 45° F (7" C), except when being
prepared or served. An air temf)erature thermometer
accurate to ±3° F (±1.5'C) shall be provided in all
refrigerators.
(b) Thawing of potentially Potentially hazardous foods
shall be done thawed:
(1) in refrigerated units at a temperature not to exceed
45° F(7° etrCi.
(2) or under coW potable running water no wa r me r
than of a temperature of 70° F (21 ° C) or below,
with sufficient water velocity agitate and float off
loose food panicles into the overflow:
(3) or as a part of the conventional cooking pr ocess.
process: or
(4) in a microwave oven only when the food will be
immediately transferred to conventional cooking
equipment as part of a continuous cooking process
or when the entire, uninterrupted cooking process
takes place in the microwave oven.
(c) Employees preparing food shall have used antibacterial
soap, dips or hand sanitizers immediately prior to food
preparation or shall use clean, plastic disposable gloves or
sanitized utensils during food preparation. This requirement
is in addition to all handwashing requirements in Section
.2600 of these Rules. Food shall be prepared with the least
possible manual contact, with suitable utensils and on
preparation surfaces that have been cleaned and rinsed prior
to use. Preparation surfaces which come in contact with
potentially hazardous foods shall be sanitized as provided in
Rule .2618(c) of this Section. Raw fruits and raw vegetables
shall be thoroughly washed with potable water before being
cooked or served.
(d) Potentially hazardous foods requiring cooking shall be
cooked to heat all parts of the food to a temperature of at
least 140° F (60° C) except as follows:
(1) poultry, poultry stuffings, stuffed meats, and
stuffings containing meat shall be cooked to heat all
parts of the food to at least 165° F (74°C) with no
interruption of the cooking process, and
(2) pork and any food containing pork shall be cooked
to heat all parts of the food to at least 150° F (66°
C), and
(3) ground beef and foods containing ground beef shall
be cooked to an internal temperature of at least
155° F (68° C), and
(4) rare roast beef shall be cooked to an internal
temperature of at least 130° F (54° C), and
(5) rare beef steak shall be cooked to a temperamre of
130° F (54° C) unless otherwise ordered by the
01
lii
immediate consumer.
(e) Liquid, or uncooked frozen, dry eggs and egg products
shall be used only for cooking and baking purposes. This
Rule does not apply to pasteurized eggs.
(f) Potentially hazardous foods that have been cooked and
then refrigerated shall be reheated rapidly to 165° F (74° C)
or higher throughout before being served or before being
placed in a hot food storage facility except that, food in intact
packages from regulated food manufacmring plants may
initially be reheated to 140° F (60° C).
(g) All potentially hazardous foods, except rare roast beef,
shall be stored at temperamres of 140° F (60° C) or above;
or 45° F (7° C) or below except during necessary periods of
preparation and serving. Rare roast beef shall be stored at a
temperamre of at least 130° F (54° C) or above; or 45° F (7°
C) or below.
(h) Time only, rather than the temperature requirements
set forth in Paragraph (g) of this Rule, may be used in
connection with potentially hazardous foods that are displayed
or held for service for immediate consumption if
(1) The food is labeled with the time of completion of
the cooking process or when the food was
otherwise removed from temperature control:
The food is served to the public within two hours of
the time of completion of the cooking process or
when the food was otherwise removed from
required temperature control: and
The establishment maintains wriuen procedures for
this process.
lii Potentially hazardous food that is displayed or held for
service for immediate consumption:
( 1) which is not marked with the time of completion of
the cooking process or when it was otherwise
remo\ed from required temperature control, or
(2) for which the two hour period referenced in
Paragraph (h)(2) of this Rule has expired, shall not
be served to the public unless it has been
maintained at the temperature required in
Paragraph (g) of this Rule.
UJ Food for which the two hour time period in Paragraph
(h) of this Rule has expired and which does not meet
temperature requirements as specified in Paragraph (g) of this
Rule, shall not be served b^; ilie public.
tiTt(k) All potentially hazardous food that is transported must
be maintained at temperatures as noted in Paragraph (g) of
this Rule.
trttil A metal stem-type thermometer accurate to ±2° F
(± 1 ° C) shall be available to check food temperatures.
Authority G.S. 130A-248.
.2610 STORAGE: HANDLING: AND DISPLAY OF
FOOD
(a) All unwrapped or unenclosed food and drink on display
shall be protected in such manner that the direct line from the
customer's mouth to the food shall be intercepted by glass or
similar shields and shall be otherwise protected from public
701
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
handling or other contamination, except that hand openings
may be permitted on counter fronts. A beverage station
staffed with an employee who is serving on a continual basis,
is not required to provide glass or similar shields for
beverages, ice and beverage garnishes. The employee shall
remove contaminated beverages, ice or beverage garnishes
from the beverage station. This requires standard counter
protector installations for all cafeteria counters, salad bars,
and similar type service to prevent contamination by
customers' coughing and sneezing. Nothing in this Rule shall
require food kept in glass enclosed cases to be wrapped or
covered so long as effective measures are taken to prevent
contamination in multi-level shelving units.
(b) Customer self-service is permitted only under the
following conditions:
(1) Buffet-style Service. This style of service is not
acceptable unless protective shields, equivalent to
cafeteria counter protectors, are provided to
intercept contamination, contamination: howeve r ,
pr otective shields a r c not requi r ed fo r buffet style
service which is pr ovided for a club, o r ganization
or pr ivate individual as a p lanned event and f r om
which the p ublic is excluded. When food is se r ved
in this manne r , the following r equi r ements shall be
met:
(A) Potentially haza r dous foods shall be r e p laced
at least hou r ly ;
ffi) Food containe r s shaH be a rr anged
conveniently so customers' clothing docs not
come in contact with food;
i€i Long-handled se r ving s p oons, tongs, o r othe r
utensils shall be pr ovided and used ;
t©) At the conclusion of the event, food that has
not been consumed, shall be discarded.
(2) Customer Self- Service. When customers are
allowed to return to a self-service area, clean and
sanitized tableware other than flatware, beverage
cups and glasses, shall be made available for each
return trip. Written notice shall be provided
informing customers that clean tableware needs to
be used for return trips.
(3) Family-style Service. In establishments featuring
this style of service, patrons elect to participate in
the family dining-table type of service. Ordinary
serving dishes and utensils are acceptable.
(4) Private events. When service is provided for a
club, organization or private individual at a planned
event from which the public is excluded:
(A) Potentially hazardous foods shall be replaced
at least every two hours:
(B) Food containers shall be arranged
conveniently so customers' clothing does not
come in contact with food:
(C) Long-handled serving spoons, tongs, or other
utensils shall be provided and used:
(D) At the conclusion of the event, food that has
not been consumed, shall be discarded: and
(E) Protective shields are not required for buffet-
style service.
(c) Foods, except raw vegetables which are to be cooked,
shall be kept under cover when not in the process of
preparation and serving. Meat and other potentially
hazardous foods shall not be stored on the floor, or in direct
contact with shelves and racks of cold storage boxes, or
permitted to come in contact with dirty clothes, newspapers,
pasteboard, previously-used paper, or other contaminated
surfaces. If open dishes and pans containing food are
stacked, food shall be protected with wax paper or foil. Food
transported to a restaurant shall not be accepted unless
properly wrapped, covered, or otherwise protected. Food
and drink shall not be served to the general public in the
kitchen. In the case of "drive-in" restaurants, all food shall
be covered or wrapped before delivery to patrons' vehicles,
to exclude vermin or insects, dust, and other contamination.
(d) Containers for onions, slaw, mustard, and other
condiments not kept in accordance with the requirements of
Paragraph (a) of this Rule shall have covers and be kept
covered when not in use. Sugar shall be dispensed with
either pour-type dispensers or individual packages. Waiters
and waitresses shall avoid unnecessary handling of food in the
process of serving.
(e) The establishment shall be ke p t f r ee of flics, r odents,
r oaches, ants, and othe r ve r min. Effective measures such as
fly repellant. fans, self-closing doors, screens and routine use
of approved insecticides shall be taken to keep insects,
rodents, animals and other public health pests out of the
establishment and to prevent their breeding or presence on the
premises. Animals and fowl shall not be permitted in a
r estau r ant food service establishment , provided that seeing
eye dogs accompanying blind persons and service dogs
accompanying handicapped persons shall be exempted. Att
su pp lementa r y means necessa r y for the elimination of flics,
such as the installation of fly- r c p cllant fans, and the r outine
use of a ppr oved insecticides shall be em p loyed.
(f) Dustless methods of floor cleaning shall be used and all
except emergency floor cleaning shall be done during those
periods when the least amount of food and drink is exposed,
such as after closing, or between meals.
(g) The offering of free unwrapped food samples which
were prepared by, or served by, the establishment on its
premises, shall be maintained at a location within sight of and
under the immediate supervision of an employee or agent for
the purposes of observing customer use.
(h) Foods shall not be stored under exposed sewer lines.
tii Dry beans, grits, flour, sugar, and similar food
products shall be stored in approved, covered containers,
glass jars, or equal and labeled accordingly.
Authority G.S. 130A-248.
.2612 SHELLFISH
(a) All shellfish and Crustacea meat shall be obtained from
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NORTH CAROLINA REGISTER
October 15, 1997
702
PROPOSED RULES
sources in compliance with the Department's rules on
shellfish and Crustacea. Copies of 15A NCAC 18A ,0300
through .0900 may be obtained from the Department. If the
source of clams, oysters, or mussels is outside the state, the
shipper's name shall appear on the "Interstate Certified
Shellfish Shippers List" as published monthly by the Shellfish
Sanitation Branch, Food and Drug Administration. If the
source of cooked Crustacea meat is outside the state, it shall
be certified by the regulatory authority of the state or territory
of origin, attested by the presence of an official permit
number on the container.
(b) All shucked shellfish and all cooked Crustacea meat
shall be stored in the original container. Each original
container shall be clearly identified with the name and address
of the packer, repacker, and the abbreviated name of the state
or territory. Shucked shellfish unit containers shall be dated
in accordance with 15A NCAC 18A .0600.
(c) All shellstock shall be stored in the containers in which
packed at the source. Each original container shall be clearly
identified with a uniform tag or label bearing the name and
address of the shipper, the certificate number issued by the
state or territory regulatory authority, the abbreviated name
of the state, the name of the waters from which the shellfish
were taken, the kind and quantity of the shellstock in the
container, and the name and address of the consignee.
(d) Shellstock shall be stored under refrigeration and in a
marmer to prevent cross-contamination to or from the
shellstock. The re-use of single-service shipping containers
and the storage of shucked shellfish in other containers are
not allowed.
(e) After each container of shellstock has been emptied,
the management shall remove the stub of the tag and retain it
for a period of at least 90 days.
(0 With the exception of opening shellfish for immediate
consumption on the premises, no shellfish shucking shall be
performed unless the establishment holds a valid shellfish
shucking permit.
(g) Shellstock washing facilities shall consist of an
approved mechanical shellfish washer, or a sink or slab with
catch basin, indirectly drained into an approved sewage
collection, treatment, and disposal system. The washing shall
be done in a clean area, protected from contamination. A can
wash facility shall not be used for the washing of shellstock
or other foods.
(h) The cooking of shellfish shall be accomplished in an
area meeting the requirements of this Section.
(i) Re-use of shells for the serving of food is prohibited.
However, it is not a violation of these Rules to remove a
shellfish from its shell and return u to that same shell for
service to the public. Shells shall be stored in a manner to
prevent flies, insects, rodents, and odors.
Auihority G.S. 130A-248.
.2613 BARBECUE PLACES
The following standards shall be followed in the application
of the restaurant sanitation requirements of this Rule in the
grading of establishments preparing barbecue:
(1) Barbecue Pits:
(a) Barbecue pits and barbecue machines shall
be enclosed in a room protected from the
weather, dust, flies, and animals. The room
shall be kept clean and free of garbage,
rubbish, and other miscellaneous storage.
(b) Floors shall be constructed of easily
cleanable concrete or equal and graded to
drain.
(c) Floors, walls, and ceilings shall be kept
clean.
(d) Water under pressure shall be provided in
barbecue pit rooms for floor cleaning.
(e) Barbecue pit rooms shall be properly
ventilated by ducts, doors, or equal in order
that smoke and fumes may be removed.
(f) Spits, holders, or racks shall be tho r oughly
cleaned daily.
(2) Barbecue shall be chopped or processed in a
restaurant kitchen or in a room meeting the
requirements of sanitation specified for restaurant
kitchens.
Aulhorin- G.S. 130A-248.
.2614 OUTDOOR DINING
(a) No outdoor food serving facilities, stations, or cooking
facilities shall be allowed for restaurants o r tem p o r ary
r estau r ants except equipment such as portable cooking or
serving facilities for service which is provided to a club,
organization or private individual as a planned event and from
which the public is excluded.
(b) This Rule shall not prohibit outdoor dirnngr dining or
beverage service.
Aiuhorin- G.S. 130A-248.
.2615 MILK AND MILK PRODUCTS
(a) Only Grade "A" pasteurized milk and milk products
shall be used. The term "milk products" means those
products as defined in 15A NCAC 18A .1200. Copies of
I5A NCAC 18A .1200 may be obtained from the Department
of Envi r onment, Health. Environment and Natural Resources,
Division of Environmental Health, P.O. Box 27687, Raleigh,
North Carolina 27611-7687. Milk and milk pr oducts shall be
se r ved in the individual, o r iginal containe r s in which they
we r e r eceived f r om the dist r ibuto r , exce p t for buttermilk,
which may be p oured f r om a comme r cially filled containe r of
not mo r e than h'l gallon capacity. — A p p r oved sanitary bulk
milk dispense r s may also be used.
(b) An exce p tion may be made in the case of c r eam se r ved
with coffee, ce r eals, etc., as the dist r ibuto r cannot delive r
c r eam in the unit sizes that would be r equi r ed. — fo r such
se r vice, t r ansfe rr ing to individual service units f r om the
o r iginal containe r of not mo r e than one-half gallon capacity,
o r f r om pum p s, o r othe r a ppr oved dis p ensers is permissible.
703
NORTH CAROLINA REGISTER
October 15, 1997
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PROPOSED RULES
The mixing Mixing of cream and milk or the pouring of
either into jars, bottles, or other containers for storage therein
shall be prohibited.
(c) Bulk milk dispenser containers, as received from the
distributor, shall be properly sealed, labeled with the name
and grade of the contents and identity of the distributor. Only
the outlet seal shall be broken in the establishment.
(d) Milk and milk products shall be stored in a sanitary
manner and shall be kept refrigerated, except when being
served. Milk containers shall not be completely submerged in
water. However, nothing in these Rules shall prohibit the
placement of these items on jce while on display or being
served.
(e) Reconstituted dry milk and dry milk products may be
used in instant desserts and whipped products, or for cooking
and baking purposes.
Authority G.S. 130A-248.
.2616 REQUIREMENTS FOR EMPLOYEES
(a) All employees shall wear clean outer clothing and shall
be clean as to their person and methods of foodhandling. No
employee shall use tobacco in any form while engaged in the
washing of eating and cooking utensils or in the preparation,
handling, or serving of food.
(b) Employees shall wash their hands thoroughly in an
ap pr oved a handwashing lavatory which meets the
requirements of Rule .2625 of this Section before starting
work, after each visit to the toilet, and as often as may be
necessary to remove soil and contamination.
(c) Em p loyees engaged in the pr e p a r ation, handling, o r
se r ving of food shall wea r hai r nets, ca p s, o r othe r effective
hai r r est r aints Effective hair restraints such as hairnets, caps.
or wrap around visors shall be worn by employees en gag ed in
the preparation or handling of food to prevent the
contamination of food or food contact surfaces. Wigs and
hairspray do not constitute compliance with this Rule. This
Rule does not a pply to employees such as counter staff who
only serve beverages and wrapped or packaged foods, hosts,
hostesses and wait staff if they present a minimal risk of
contaminating exposed food.
td) Cooks and othe r kitchen em p loyees shall wea r clean
oute r clothing.
M(d) No person who has a communicable or infectious
disease that can be transmitted by foods, or who is a carrier
of organisms that cause such a disease, or who has a boil,
infected wound, or a disease with sudden onset and severe
symptoms including cough or nasal discharge, shall work in a
food service establishment in any capacity in which there is a
likelihood of such person contaminating food or food-contact
surfaces, with disease-causing organisms or transmitting the
illness to other persons.
(e) Employees are allowed to have beverages in areas
where food is prepared so long as those beverages are
covered and consumed in a sanitary manner. Beverage
containers shall not be stored on or above a food contact
surface and must be handled in a way so as to avoid cross-
contamination.
Authority G.S. 130A-248.
.2617 UTENSILS AND EQUIPMENT
(a) All eating, drinking, and cooking utensils, tables,
sinks, cabinets, hoods, shelves, and othe r equipment and
fixtures used in connection with the o p e r ation of a r estau r ant
shall be so const r ucted as to be easily cleaned and preparation
of food shall be kept in good r e p ai r , clean.
(b) All surfaces with which food or drink comes in contact
shall consist of smooth, not readily corrodible, non-toxic
mate r ial, such as stainless steel, p henolic r esin, ma r ble slabs,
o r tight wood materials in which there are no open cracks or
joints that will collect food particles and slime, and be r eadily
accessible fo r cleaning, kept clean.
(c) Shelves, tables, and counters shall not be covered with
paper, cardboard, oil cloth, or other absorbent material, and
shall be free of crevices. Dining table linen or similar dining
table coverings, if used, shall be kept clean, clean and in
good r e p ai r .
(d) Food — se r vice — equi p ment Equipment, sinks and
microwave ovens shall meet National Sanitation Foundation
standards, which are adopted by reference in accordance with
G.S. 150B-14(c). If equipment is not National Sanitation
Foundation listed, the owner or operator shall submit
documentation to the Department that demonstrates that the
equipment is at least equivalent to National Sanitation
Foundation standards. The Department shall determine if the
equipment is at least equivalent to National Sanitation
Foundation standards. In doing so^ if the components of the
equipment are the same as those meeting NSF standards, then
the Department shall deem the equipment equivalent. Hot
water heaters are not required to meet NSF standards.
(e) Beverage dispensers installed or replaced after the
effective date of this Rule shall be designed to avoid
activation by tlie lip of a cug or glass when these dispensers
are used to refill customer cups or glasses.
Authority G.S. 130A-248.
.2618 CLEANING OF EQUIPMENT AND UTENSILS
(a) All equipment and fixtures shall be kept clean. All
cloths used by chefs and other employees in the kitchen shall
be clean. Single-se r vice containe r s shall be used only once.
(b) Single-Use Articles such as formed buckets, bread
wrappers, aluminum pie plates and No. 10 cans shall be used
only once except that containers made of plastic, glass or
other food grade material having smooth sides and of a
construction so as to be easily cleaned may be reused.
ib)(c) All multi-use eating and drinking utensils shall be
thoroughly washed, rinsed, and subjected to an app r oved a
bactericidal treatment specified in Rule .2619 of tliis Section
after each usage. The supply of eating and drinking utensils
shall be of sufficient quantity to allow washing, rinsing.
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NORTH CAROLINA REGISTER
October 15, 1997
704
PROPOSED RULES
sanitizing and air-drying before re-use. All multi-use utensils
except pizza pans and similar type pans (not used for table
service) used in the storage, preparation, cooking, or serving
of food or drink shall be cleaned and rinsed immediately after
the days' operations, after each use, or upon completion of
each meal as indicated. Pizza pans and similar type pans (not
used for table service) which are continually subjected to high
temperatures do not require cleaning after each use or day's
use but shall be kept clean and maintained in good repair.
fe->(d) In addition to washing and rinsing multi-use utensils
as indicated in Paragraph (b) of this Rule, preparation
surfaces which come in contact with potentially hazardous
foods and are not subjected to heat during routine cooking
operations shall be sanitized. E.xamples of food contact
surfaces which must be sanitized are utensils used in
preparing cold salads and cold beverages, cutting boards,
table tops, knives, saws, and slicers. For utensils and
equipment which are either too large or impractical to sanitize
in a dishwashing machine or dishwashing sink, and for those
establishments which do not have dishwashing equipment, a
spray-on or wipe-on sanitizer may be used. When spray-on
or wipe-on sanitizers are used, the chemical strengths shall be
those required for sanitizing multi-use eating and drinking
utensils.
tdt(e) Hand dishwashing facilities shall consist of an
approved three-compartment sink of sufficient size and depth
to submerge, wash, rinse and sanitize utensils and shall have
splash back protection and drainboards that are an integral
part of and continuous with the sink. These drainboards shall
be of a sufficient size to accommodate the drainage of liquids
of the washed utensils after being sanitized. Air dr>'ing of
utensils may be accomplished with the use of a drainboard,
overhead or wall mounted shelves, or with the use of
stationary or portable r acks, racks or b^; cross-stacking.
fe^ijQ Where the Department determines that the volume of
dishes, glasses and utensils to be washed caimot be processed
in a single warewashing facility, separate dish, glass or
utensil washing facilities shall be required. Separate
vegetable washing facilities shall be provided in
establishments which wash raw vegetables except where plan
review shows that volume and preparation frequency do not
require separate vegetable washing facilities or where
vegetables are purchased prewashed and packaged.
Establishments which scale or eviscerate fish or wash raw
poultn,' shall provide separate sinks with preparation space for
these processes except where plan review shows that volume
and preparation frequency do not require separate washing
facilities.
ffi (g) When dishwashing machines are used, the machines
shall be approved and shall be fitted with drainboards of
ample capacity on each side, and include a countersunk sink
or other approved means for pre-cleaning, pre-tlushing, or
pre-soaking of the utensils in the dirty dish lane.
Thermometers indicating the wash and rinse water
temperatures shall be provided and kept in good repair.
Hrt(h) When dishwashing machines are used, the machines
shall be approved on the basis of size, capacity, and type for
the number of utensils to be washed. Under some conditions,
as when volume is limited and time permits, glasses may be
washed with power-driven brushes and passed through
door-t)'pe machines, which are also used for dishwashing, for
final rinse and bactericidal treatment. For this method, a
motor-driven glass-washer and a single-vat sink may suffice.
tWti) When only single-service eating and drinking utensils
are used, at least an approved two-compartment sink shall be
provided. This sink shall be of sufficient size to submerge,
wash, rinse and sanitize utensils and shall have splash back
protection and drainboards that are an integral part of and
continuous with the sink. These drainboards shall be of
sufficient size to accommodate the drainage of liquids of the
washed utensils after being sanitized. Air dr}ing of utensils
may be accomplished with the use of a drainboard, overhead
or wall mounted shelves, or with the use of stationary or
portable racks.
tTtlji Facilities for the heating of water shall be provided.
Capacity of hot water heating facilities shall be based on
number and size of sinks, capacity of dishwashing machines,
and other food service and cleaning needs. Hot water storage
tanks shall provide a minimum of 130° F (54° C) hot water
when water is not used for sanitizing; when hot water is used
for sanitizing, a minimum storage temperature of 140° F (60°
C) hot water is required.
tt)(k) No article, polish, or other substance containing any
cyanide preparation or other poisonous material shall be used
for the cleaning or polishing of eating or cooking utensils.
ill In determining the sufficiency of the size of
drainboards. machine dishwashers and sinks in an
establishment, the Environmental Health Specialist shall
consider the number and size of multi-use utensils regularly
cleaned. For drainboards only, the Specialist shall also
consider the a\'ailable shelf space, racks and other areas
which may- be used for air drying.
Aurhohn G.S. J30A-248.
.2620 STORAGE AND HANDLING OF UTENSILS
AND EQUIPMENT
(a) After bactericidal treatment, utensils shall be air-dried
and stored above the floor in a clean place. Wherever
practicable, containers and utensils shall be covered or
inverted or stored in tight, clean cabinets; and glasses and
cups shall be stored inverted in a sanitary manner. It shall
not be considered practicable to invert plates and bowls which
slide when inverted or cover plates and bowls positioned for
immediate use during business hours. Utensils and equipment
shall be handled in such a manner as to pre\'ent
contamination, and employees shall avoid handling clean
surfaces that will come in contact with customers' mouths.
(b) Drain racks, trays, and shelves shall be made of not
readily corrodible material, and shall be kept clean. These
items are not required to be made of plastic.
(c) Spoons, spatulas, dippers, etc., used for dispensing
frozen desserts shall be kept, when not in use, in dipper wells
with running water or stored in the food product with the
705
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
handle extending out of the food or dry stored on a clean
surface. When these utensils are used to dispense food
products other than frozen dessens. they shall be kept, when
not in use, in the product or on a clean surface.
(d) Single-service utensils shall be purchased only in
sanitary containers, shall be stored therein in a clean, dry
place until used, and shall be handled in a sanitary manner.
Single-service cup dispensers or similar devices shall be used
when single-service cups are used. Launde r ed table linen and
cleaning cloths shall be sto r ed in a clean p lace until used.
Nothing in these Rules shall prohibit the use of plastic bags in
which single-service cups or similar devices are received as
the dispenser for those items.
Authority G.S. 130A-248.
.1(,1\ DRINKING WATER FOUNTAINS
(a) Facilities for the dis p ensing of d r inking wate r shall be
of an a pp roved sanita r y design. If wate r -cooling equi p ment is
installed, it shall be of a ty p e in which ice does not come in
contact with the wate r .
fb) If drinking fountains are provided, they shall meet NSF
standards, be of approved angle-jet type and shaH be kept
clean. This Rule shall not be interpreted as prohibiting the
pitcher service of ice wate r , or the service of bottled water.
Authority G.S. 130A-248.
.2622 STORAGE: HANDLING: AND USE OF ICE
(a) Ice which is to be used in fountain drinks, ice water,
tea, and coffee, or in connection with the chilling or serving
of salads, vegetables, or cocktails shall be manufactured from
an approved water supply and shall be stored and handled in a
sanitary manner.
(b) Storage boxes shall be covered, located away from
sources of contamination, maintained in good repair, and kept
clean. Storage bins or boxes shall be provided with rims and
covers designed to exclude spillage and drip.
(c) Ice grinders, pans, and buckets used in preparing
chipped or crushed ice shall be protected from contamination,
thoroughly cleaned between usages, and kept in good repair;
buckets and other containers used in the transportation of ice
shall be stored above the floor in a clean place.
(d) Ice shall be dispensed or transferred with a scoop,
spoon, or other a ppr oved sanitary method. When not in use.
an ice scoop or spoon may be stored in the ice with the handle
protruding or on a clean surface. Ice scoops shall not be
stored in water. Fountain ice compartments, bowls, buckets,
or other containers shall be in good repair; frequently washed
and kept free of scum, rust, etc.; and shall be protected from
drip, dust, splash, and other means of contamination. Ice
shall not be received, used, or accepted when there is
evidence that it is not being handled and transported in a
sanitary manner.
(e) Ice machines shall be kept clean.
Authority G.S. 130A-248.
.1611 WATER SUPPLY
(a) The water supply used shall be in accordance with 15 A
NCAC 18A .1700.
(b) Prior to the issuance of a permit, non-community water
supplies shall be listed with the Public Water Supply Section,
Division of Enviroimiental Health.
(c) In food service establishments with non-community
water supplies. Wate r water samples for bacteriological
analysis shall be collected by the Department and submitted to
the laboratory section of the Department or another laboratory
certified by the Department for analysis, and at least annually
thereafter for bacteriological analysis.
(d) Cross-connections with sewage lines or unapproved
water supplies are prohibited. Hot and cold running water
under pressure shall be provided to food preparation, utensil
and handwashing areas, and any other areas in which water is
required for cleaning. Running water under pressure shall be
provided in sufficient quantity to carry out all food
preparation, utensil washing, hand washing, cleaning, and
other water-using operations.
Authority G.S. 130A-248.
.2624 TOILET FACILITIES
(a) Unless specified elsewhere in these Rules. Every every
restaurant shall be provided with toilet facilities conveniently
located and readily accessible to employees and customers
during at all business hours. Unless s p ecified elsewhe r e in
these Rules, all r estau r ants shall have toilets which a r c
convenient — and accessible — to em p loyees — and custome r s.
Toilets for patrons shall be so located that the patrons do not
pass through the kitchen to enter the toilet rooms.
Intervening rooms or vestibules, if provided, shall be
constructed and maintained in accordance with this Rule.
Toilets shall be in the proximity of the restaurant and under
control of the management. Floors and walls shall be
constructed of non-absorbent, washable materials. Floors,
walls, and ceilings shall be kept clean and in good repair.
Toilet rooms shall be provided with self-closing doors, and
kept free of flies and storage. Windows shall be screened if
used for ventilation. Fixtures shall be kept clean and in good
repair.
(b) Signs shall be posted to advise the public of the
locations and identities of the toilet rooms. Durable, legible
signs which read that employees must wash their hands before
returning to work shall be posted o r stenciled conspicuously
in each employees' toilet room.
(c) Screens and doors are not required for toilet rooms at
stadiums or facilities in which toilet rooms open into the
interior of a building and the exterior doors of the building
are self-closing.
(d) All toilet wastes and other sewage shall be disposed of
in a public sewer system or, in the absence of a public sewer
system, by an approved sanitary sewage system.
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NORTH CAROLINA REGISTER
October 15, 1997
706
PROPOSED RULES
Authority G.S. 130A-248.
.2626 DISPOSAL OF WASTES
(a) All sewage and othe r liquid wastes waste water shall be
disposed of in a public sewer system or, in the absence of a
public sewer system, by an approved, properly operating
sanitary sewage system.
(b) Garbage shall be collected and stored in standard,
water-tight garbage cans or other approved containers or
methods and provided with tightfitting lids. Lids shall be kept
in place, except for cans inside the kitchen which are being
used frequently during normal operations. The contents of
these cans shall be removed frequently and the cans shall be
washed. These Rules do not require lids to be kept on
garbage cans or containers which are in use at work stations
where food is being prepared.
(c) Garbage and trash t r ash, including tin cans, resulting
from the restaurant operations shall be removed from the
building as frequently as may be necessary and disposed of in
an approved manner.
(d) Indoor or outdoor facilities Facilities shall be provided
for the washmg and storage of all garbage cans and mops.
Cleaning facilities shall include combination faucet, hot and
cold water, threaded nozzle, and curbed impervious pad
sloped to drain or other approved facilities or methods.
(e) Where containerized systems are used for garbage
storage, facilities shall be provided for the cleaning of such
systems. In the alternative, a contract for off-site cleaning
shall constitute compliance with this provision and evidence
of such contract shall be made available within 21 days to the
Environmental Health Specialist upon request.
Authority G.S. 130A-248.
.2627 FLOORS
(a) The floors of all rooms in which food is stored,
prepared, handled, or served, or in which utensils are
washed, shall be of such construction as to be easily cleaned,
shall be f r ee of obstacles to cleaning, and shall be kept clean
and in good repair. Food waste on the floor as a result of
that day's preparation process is not a violation of these Rules
so long as the food waste is removed prior to closing and
within each 24 hour period.
(b) The floo r a r ea shall be sufficient to accommodate all
o p e r ations. Floors in areas where food is to be prepared or
stored may be of sealed concrete, terrazzo, quarry or vinyl
tile, wood covered with composition flooring or equal, except
that:
carpet may be used in wait stations and self-service
bars.
there will be no special flooring requirements for
portable cooking units which may be used in a
dining room for occasional service at individual
tables.
(c) The joints between walls and floors shall be rounded or
pr ovided with tight molding, or be otherwise constructed to
provide a tight seal between the floor and wall.
m
(d) In all rooms in which water is discharged to the floor,
or in which floors are subjected to flood-type cleaning, floors
shall slope to drain and be provided with floor drains.
(e) Properly maintained carpeting is acceptable in dining
areas.
Authority G.S. 130A-248.
.2628 WALLS AND CEILINGS
(a) Walls and ceilings of all rooms in which food is stored,
handled, prepared, or served or in which utensils are washed
OT stored shall be kept clean and in good repair. Water stains
on walls or ceilings do not constitute a violation of tliis Rule
unless mold or mildew are present.
(b) The walls of kitchens and other rooms used for the
preparation of food and the washing of utensils shall be
smooth, smooth and washable and ceilings shall be of the
same construction, p rovided that acoustical ceiling mate r ial
may be acce p ted where ventilation pr ecludes the possibility of
g r ease abso rp tion, and be kept clean. Acceptable wall
materials include but are not limited to glazed tile; fiberglass
reinforced panels, stainless steel, wood or metal wall board
painted with epoxy paint: and brick, cinder blocks, slag
blocks, or concrete blocks, if glazed, tiled, plastered or filled
so as to provide a smooth, easily-cleanablc su r face, rega r dless
of colo r , smooth surface. Ceilings in kitchens and other
rooms used for the preparation of food or the washing of
utensils shall be washable. Acceptable materials include, but
are not limited to perforated or non-perforated vinyl faced
acoustical tile, FRP panels, and painted wall board.
(c) The walls and ceilings of the dining rooms and other
food serving rooms shall be of sound construction.
(d) The walls and ceilings of dry storage rooms shall be of
sound construction: however, a washable finish is not
required.
(e) The walls and ceilings of the wait stations and bars that
serve only beverages shall be of sound construction, provided
that the interior walls of wait stations and bars used for
preparation of beverages shall be finished to be smooth and
washable.
Authority G.S. 130A-248.
.2630 LIGHTING
(a) All areas in which food is handled, o r prepared, or in
which utensils are washed, shall be provided with at least 50
foot-candles of light on food preparation work levels and at
utensil washing work levels. At least 10 foot-candles of light
at 30 inches above the floor shall be provided in all other
areas, including storage rooms and walk-in units. This shall
not include dining and lounge areas except during cleaning
operations. Fixtures shall be kept clean and in good repair.
(b> In determining whether the li ghting at a particular
location meets the requirements of this Rule, the
Environmental Health Specialist shall take the measurement
with the light meter at tlie level where work is performed or
at 30 inches above the floor if not at a work station identified
707
NORTH CAROLINA REGISTER
October 15, 1997
12:8
PROPOSED RULES
in Paragraph (a) of this Rule. The Environmental Health
Specialist shall place the meter on the surface where the
measurement is to be taken and shall not obstruct the path of
the light to the surface in question. Instruments used to
measure lighting shall be maintained and operated bj: the
Environmental Health Specialist in accordance with the
manufacturer's instructions so as to insure their accuracy.
ffr>(c) Light bulbs in food preparation, storage, and display-
areas shall be shatter-proof or shielded so as to preclude the
possibility of broken bulbs or lamps falling into food.
Shatter-proof or shielded bulbs need not be used in food
storage areas where the integrity of the unopened packages
will not be affected by broken glass falling onto them and the
packages, prior to being opened, are capable of being
cleaned.
fci(d) Heat lamps shall be protected against breakage by a
shield surrounding and extending beyond the bulb, leaving
only the face of the bulb exposed.
Authority G.S. 130A-248.
.2632 STORAGE SPACES
(a) Storage spaces shall be kept clean, clean and f r ee f r om
unnecessary a r ticles and offensive o r musty odo r s. The
contents shall be neatly arranged to facilitate cleaning. AH
sto r age shall be at least 12 in. (30.48 cm.) above the floo r
when p laced on stationa r y storage units o r 6 in. (15.24 cm.)
above the floo r when p laced on p o r table sto r age units o r
othe r wise ar r anged so as to p ermit tho r ough cleaning.
(b) D r y beans, g r its, flou r , suga r , and simila r food
pr oducts — shaH — be — stored — in — a ppr oved, — tightly — cove r ed
containe r s, glass ja r s, o r equal and labeled acco r dingly. All
items stored in rooms where food or single-service items are
stored shall be at least 12 in. (30.48 cm.) above the floor
when placed on stationary storage units or 6 in. (15.24 cm.)
above the floor when placed on portable storage units or
otherwise arranged so as to permit thorough cleaning. For
purposes of this Rule the term "portable" does not require
wheels.
(c) Shelves in storage rooms where food or single-service
items are stored shall be constructed approximately 1 in.
(2.54 cm.) from the wall, unless tightly stripped or caulked.
to eliminate c r acks o r r oaches.
(d) Bulky items shall be stored on slatted shelves or
movable dollies.
(e) Foods shall not be sto r ed unde r ex p osed sewe r lines.
Nothing in this Rule shall prohibit the use of non-absorbent
wooden shelves which are in good repair in dry storage areas.
Authority G.S. 130A-248.
.2633 PREMISES: MISCELLANEOUS
(a) The premises under control of the management shall be
kept neat and clean at all times, free of items which provide
fly or mosquito breeding places or rodent harborages. Waste
mate r ial, un-used a r ticles, tin cans, rubbish, and other litter
shall not be pe r mitted to accumulate on the pr emises. There
shaH — be — ne — fly — or — mosquito — b r eeding — p laces, — rodent
harbo r ages, o r imd r ained a r eas on the pr emises.
(b) None of the operations shall be conducted in any room
used for domestic purposes. A domestic kitchen shall not be
used in connection with the operation of a restaurant.
(c) Soiled linens, coats, and aprons shall be kept in
containers provided for this purpose. Laundered table linen
and cleaning cloths shall be stored in a clean place until used.
When toxic mate r ials a r e used in a r estau r ant, a s p ecial area
fo r sto r age of these mate r ials shall be pr ovided and p lainly
marked.
(d) Toxic materials used in a restaurant shall be labeled. A
special area for storage of these materials shall be provided
and plainly marked. This requirement shall not apply to
cleaners and sanitizers used in tlie operation of the restaurant
that are stored for availability and convenience if the
materials are stored to prevent the contamination of food,
equipment, utensils, linens and single-service items.
Authority G.S. 130A-248.
.2638 GENERAL REQUIREMENTS FOR
PUSHCARTS AND MOBILE FOOD UNITS
(a) A permit shall be issued by the local health department
which provides sanitation surveillance for the restaurant or
commissary from which the pushcart or mobile food unit is to
operate, if the local health department determines that the
pushcart or mobile food unit complies with these Rules.
(b) The permit shall be posted on the pushcart or mobile
food unit. Grade cards shall not be posted.
(c) The local health department which issues the permit
shall be provided by individuals receiving a permit a list of
counties and locations where each pushcart or mobile food
unit will operate.
(d) Individuals receiving a permit to operate a pushcart or
mobile food unit shall provide the local health department in
each county in which food service operations are proposed a
list of locations where they will operate. Such lists must be
kept current.
(e) Prior to initiating food service operations in a
particular jurisdiction, the operator of the pushcart or mobile
food unit shall submit to that particular jurisdiction such carts
or units for inspection or reinspection to determine
compliance with this Section.
(f) Pushcarts or mobile food units shall operate in
conjunction with a permitted restaurant or commissary and
shall report at least daily to the restaurant or commissary for
supplies, cleaning, and servicing. Facilities, in compliance
with this Section, shall be provided at the restaurant or
commissary for storage of all supplies. The pushcart shall
also be stored in an area that protects it from dirt, debris,
vermin and other contamination. Water faucets used to
supply water for pushcarts and mobile food units shall be
protected to prevent contact with chemicals, splash and other
sources of contamination. Solid waste storage and liquid
12:8
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708
PROPOSED RULES
waste disposal facilities must also be provided on the
restaurant or commissary premises.
(g) All foods shall be obtained from approved sources and
shall be handled in a manner so as to be clean, wholesome,
and free from adulteration.
(h) All potentially hazardous foods shall be maintamed at
45° F (7° C) or below or 140- F (60° C) or above, or as
required in Rule .2609 of this Section. A metal stem-type
thermometer accurate to ± 2' F. (± 1° C.) shall be available
to check food temperatures.
(i) Only single-service eating and drinking utensils shall be
used in serving customers. Single-service items must be
properly stored and handled.
(j) All garbage and other solid waste shall be stored and
disposed of in an approved manner.
(k) Employees shall be clean as to their person and
foodhandling practices. Clean outer clothing and hair
restraints are required.
(1) No person who has a communicable or infectious
disease that can be transmitted by foods, or who is a carrier
of organisms that cause such a disease, or who has a boil,
infected wound, or an acute respiratory infection with cough
and nasal discharge, shall work with a pushcart or mobile
food unit in any capacity in which there is a likelihood of
such person contaminating food or food-contact surfaces, with
disease-causing organisms or transmitting the illness to other
persons.
(m) All equipment and utensils shall be easily clcanablc
and ke p t clean and in good r e p ai r , comply with the rules of
this Section.
(n) The pushcart or mobile food unit shall be kept in a
clean and sanitary condition and be free of flies, roaches,
rodents, and other vermin.
(b) Following receipt of the written decision of the
Envirormiental Health Supervisor or his or her representative
issued pursuant to Paragraph (a) of this Rule, the permit
holder who initiated the appeal may appeal that decision to an
Appeals Officer designated by the Department to be
responsible for final decisions on appeals from throughout the
state. Notice of such appeal shall be in writing, shall include
a copy of the Envirorunental Health Supervisor's or his or her
representative's decision and shall be mailed or hand-
delivered to the Local Health Department and to the
Department within seven days of receipt of the written
decision issued pursuant to Paragraph (a) of this Rule.
Within 35 days of receipt of this appeal, the designated
Appeals Officer shall hold a hearing in Wake County. Notice
of the time and place of this hearing shall be provided to the
permit holder and the Envirormiental Health Supervisor for
the county or area where the issue arose. Within 10 days
following the date of tlie hearing, the Appeals Officer shall
issue a written decision addressing the issues raised in the
appeal and that decision shall be binding for purposes of
future inspections of the establishment in question.
icj If tlie decision on appeal at the local or state level
results in a change in die score resulting from an inspection of
an establishment, the Environmental Health Specialist shall
post a new grade card reflecting that new score.
(d) The decision of the designated Appeals Officer may be
appealed in accordance with G.S. 150B.
(e) Nothing in this Rule shall impact the right of a permit
holder to a reinspection pursuant to Rule .2604 of this
Section.
Aurhorin- G.S. 130A-248.
.2643 APPEALS PROCEDURE
A pp eals conce r ning the mte rpr etation and enfo r cement of
the rules in this Section shall be made in acco r dance with
G.S. 150D.
laj If a permit holder disagrees with any decision of an
Environmental Health Specialist in tlie interpretation,
application or enforcement of tlie rules of this Section, the
permit holder may request an appeal conference . The request
shall be in writing and shall be mailed or hand-delivered to
the local health department within 7 days of the events giving
rise to the appeal. The request shall briefly state the issues in
dispute. As soon as possible but at least within 30 days of
receipt of the request, the Environmental Health Supervisor
or his or her representative in the county or area where the
food service establishment is located shall contact the permit
holder, provide that permit holder an oppormnity to be heard
on the issues in dispute and issue a written decision
addressing the issues raised in tlie appeal. That decision shall
be binding for the purposes of future inspections of the
establishment in question unless reversed pursuant to
Paragraph (b) of this Rule.
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TEMPORARY RULES
The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to
G.S. 1508-21. 1(e), publication of a temporary rule in the North Carolina Register ser\'es as a notice of rule -making
proceedings unless this notice has been previously published by the agency.
TITLE 10 - DEPARTMENT OF HUMAN RESOURCES
Rule-making Agency:
Commission
North Carolina Child Care
Rule Citation: 10 NCAC 3U .0602 .0604. .0605. .0705
Effective Date: October 1. 1997
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-maliing: G.S. 143B-168.3
Reason for Proposed Action: The North Carolina Child
Care Commission proposes this action to ensure that outdoor
area equipment and furnishings that are provided in child
care facilities are child size, sturdy, free of hazards that pose
a threat of serious injury to children while engaged in normal
play activities, and in good repair.
The North Carolina Child Care Commission proposes rules
that address the factors most likely to be hazardous or pose a
threat of serious injury to children. This includes preventing
entrapment and protrusion hazards and providing for fall
zones, surfacing, and protective barriers.
Note: 10 NCAC 3U .0604, General Safety Requirements,
includes text in italics to indicate a previous amendment
approved by the Rules Review Commission that is pending
review by the Joint Legislative Administrative Procedure
Oversight Committee.
Comment Procedures: Questions or written comments
regarding this matter may be directed to Nancy Guy, APA
Coordinator, Division of Child Development, 319 Chapanoke
Road, P.O. Box 29553. Raleigh. NC 27526-0553; (919) 662-
4543.
CHAPTER 3 - FACILITY SERVICES
SUBCHAPTER 3U - CHILD DAY CARE STANDARDS
SECTION .0600 - SAFETY REQUIREMENTS FOR
DAY CARE CENTERS
.0602 CONDITION OF INDOOR EQUIPMENT
AND FURNISHINGS
(a) All equipment and furnishings shall be in good repair
and shall be maintained in useable condition. All
commercially manufactured equipment and furnishings shall
be assembled and installed according to procedures specified
by the manufacturer. All equi p ment and fu r nishings shall be
in good r e p ai r and shall be maintained in useable condition.
(b) Equipment and furnishings shall be sturdy, stable, and
free of hazards that may injure children including sharp
edges, lead based paint, loose nails, and s p linte r s,
pr ot r usions, pinch and crush points, unca pp ed sc r ews and
othe r haza r ds that may inju r e child r en , splinters.
(c) All broken equipment or furnishings shall be removed
from the premises immediately or must be sto r ed so that they
a r c not accessible made inaccessible to the children.
(d) — All equipment and su r facing o r de r ed, const r ucted o r
installed pr io r to Janua r y — h, — 1 996 shall conform to US
Consume r P r oducts Safety Commission (USCPSC) guidelines
for p layg r ound safety, including subsequent amendments, by
Janua r y 1, — 1 999 . — All equipment and su r facing orde r ed,
constructed o r installed afte r Janua r y 1, 1 99 6 shall confo r m to
USCPSC guidelines, including subsequent amendments. — A
copy of th e USCPSC Handbook fo r Public Playg r ound Safety
can be obtained at no cha r ge by w r iting USCPSC, Office of
Info r mation and Public Affai r s, Washington, DC, 20207.
fe) — G r avel shall not be used as a su r facing mate r ial if the
a r ea will be used by child r en unde r th r ee yea r s of age.
History Note: Authority G.S. 110-91(6); 143B-168.3;
Eff. January 1, 1986;
Amended Eff. January 1, 1996; January 1, 1991;
Temporary Amendment Eff. October ]_,_ 1997 .
(Note: Italicized text in the following rule indicates a
previous amendment to this ride approved by the Rules
Review Commission and pending review by the Joint
Legislative Administrative Procedure Oversight Committee.)
.0604 GENERAL SAFETY REQUIREMENTS
(a) Potentially hazardous items, such as firearms and
ammunition, hand and power tools, nails, chemicals, lawn
mowers, gasoline or kerosene, archery equipment, propane
stoves, whether or not intended for use by children, shall be
stored in locked areas or with other appropriate safeguards,
or shall be removed from the premises.
(b) Electrical outlets not in use which are located in space
used by the children shall be covered with safety plugs unless
located behind furniture or equipment that cannot be moved
by a child.
(c) Electric fans shall be mounted out of the reach of
children or shall be fitted with an appropriate mesh guard to
prevent access by children.
(d) All small electrical appliances shall be used only in
accordance with the manufacturer's instructions.
(e) Electrical cords shall not be accessible to infants and
toddlers. Extension cords, except as approved by the local
fire inspector, shall not be used. Frayed or cracked electrical
cords shall be replaced.
(f) All materials used for starting fires, such as matches
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October 15, 1997
710
TEMPORARY RULES
and lighters, shall be kept in locked storage or shall be stored
out of the reach of children.
(g) Smoking shall not be permitted in space used by
children when children are present. All smoking materials
shall be kept in locked storage or out of the reach of children.
(h) Fuel burning heaters, fireplaces and floor furnaces
shall be provided with a protective screen attached securely to
substantial supports to prevent access by children and to
prevent objects from being thrown into them.
(i) Plants that are toxic shall not be in indoor or outdoor
space that is used by or is accessible to children.
(j) The outdoor play area shall be protected by a fence or
other protection. The height shall be a mmimum of four feet
and the top of the fence shall be free of protrusions by
January 1, 1999. The requirement disallowing protrusions
shall not apply to fences six feet hig h or above . The fencing
shall exclude fixed bodies of water such as ditches, quarries,
canals, excavations, and fish ponds. Gates to the fenced
outdoor play area shall remain securely closed while children
occupy the area. When the facility uses areas outside the
fenced outdoor play area for children's activities or takes
children off the premises for play or outings, the parent of
each child shall give written permission for the child to be
included in such activities. The permission may be:
(1) a one-time, blanket permission for all activities;
(2) a one-time, blanket permission for a specific
activity at any time; or
(3) a one-time permission for a specific activity at a
designated time.
The facility shall maintain the signed permission in the child's
record. When children are taken off the premises, staff
accompanying the children shall have a list of the names of all
children participating in the outing.
(k) Air conditioning units shall be located so that they are
not accessible to children or shall be fitted with a mesh guard
to prevent objects from being thrown into them.
(1) Gas tanks shall be located so they are not accessible to
the children or shall be in a protective enclosure or
surrounded by a protective guard.
(m) Cribs and playpens shall be placed so that the children
occupying them shall not have access to cords or ropes, such
as Venetian blind cords.
(n) Children shall not be allowed to play on outdoor
equipment that is too hot to touch.
(0) The indoor and outdoor premises shall be checked
daily for debris, vandalism and broken equipment. Debris
shall be removed and disposed of appropriately.
(p) The playground surface area shall be checked at least
weekly to assure that surface material is maintained to assure
continued resiliency.
(q) Following completion of safety training by the
administrator or other staff person as required by Rule
.0705(0 of this Subchapter, a monthly playground inspection
shall be conducted and a record of each inspection shall be
completed. This staff person shall use a playground inspection
checklist provided by the Division. The checklist shall be
signed by the person who conducts the inspection and shall be
maintained in the facility's files for review by a
r e pr esentatives representative of the Division.
(r) Plastic bags, materials thtm that can be easily torn apart
such as Styrofoam and foam rubber, and toys and toy parts
small enough to be swallowed shall not be accessible to
children under three years of age. Latex and rubber balloons
shall not be accessible to children under five years of age.
History Note: Authority G.S. 110-85(1); 110-91 (3), (6);
1438- 168. 3;
Eff. January 1, 1991:
Amended Eff. January 1, 1996: November 1, 1991;
Temporar,' Amendment Eff. October 1_^ 1997:
.0605 CONDITION OF OUTDOOR PLAY
EQUIPMENT
(a) All equipment shall be in good repair and shall be
maintained in useable condition. All commercially
manufactured equipment shall be assembled and installed
according to procedures specified by the manufacturer.
(b) Equipment shall be sturdy, stable, and free of hazards
that are accessible to children during normal supervised play
including sharp edges, lead based paint, loose nails, splinters,
protrusions, pinch and crush points.
(c) All broken equipment shall be removed from the
premises immediately or made inaccessible to the children.
(d) Any openings in equipment, steps, decks and handrails
shall be smaller than 3 1/2" or greater than 92. to prevent
entrapment.
(e) All upright angles shall be greater than 55° to prevent
entrapment and entanglement.
(f) All stationary outdoor equipment shall be firmly
anchored over a resilient surface. Footings which anchor
equipment shall not be exposed. Loose surfacing material
shall not be installed over concrete. The depth of the
surfacing that is required shall be based on the critical height
of the equipment as indicated in tlie chart below. The critical
height is defined as the maximum height a child may climb.
sit or stand. Acceptable materials to be used for surfacing
include the following: wood mulch, double shredded bark
mulch, uniform wood chips, fine sand, coarse sand, fine
gravel and medium gravel.
Critical Heights of Playground Equipment for Various Types
and Depths of Resilient Surfaces
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TEMPORARY RULES
Wood
Mulch
Double
Shredded
Bark
Mulch
Uniform
Wood
Chips
Fine Sand
Coarse
Sand
Fine
Gravel
Medium
Gravel
Equipment
Height
Uncompressed Depths of Material
five feet or less
6 inches
6 inches
6 inches
6 inches
6 inches
6 inches
6 inches
six feet
6 inches
6 inches
6 inches
12 inches
12 inches
6 inches
12 inches
seven feet
6 inches
9 inches
9 inches
12 inches
N/A*
9 inches
N/A*
eiaht feet
9 inches
9 inches
12 inches
12 inches
N/A*
12 inches
N/A*
nine feet
9 inches
9 inches
12 inches
12 inches
N/A*
12 inches
N/A*
ten feet
9 inches
9 inches
12 inches
N/A*
N/A*
12 inches
N/A*
eleven feet
12 inches
12 inches
12 inches
N/A*
N/A*
N/A*
N/A*
*This type of material is not allowed due to lack of scientific testing of shock-absorbing properties at this height.
Other materials that have been certified by the manufacturer to be shock-absorbing resilient material in accordance with ASTM
Standard 1292. may be used only if installed, maintained and replaced according to the manufacturer's instructions. Gravel
shall not be used if the area will be used by children under three years of age.
( g) The resilient surfacing shall extend beyond the external limits of the equipment for a minimum of six feet. The area
which is required to have the resilient surfacing is the area under and around the equipment where the child is likely to fall and
it is called the fall zone. Fall zones may overlap in three situations: between two swing structures, around spring rockers, or
around equipment that is less than 24 inches in height.
(h) Swings shall have resilient surfacing that extends two times the length of the pivot point to the surface below. The
surfacing shall be to the front and rear of the swing. Enclosed tot swings shall have resilient surfacing that extends two times
the length of the pivot point to the bottom of the swing seat. The surfacing shall be to the front and rear of the swing. Tot
swings are defined as those enclosed swing seats used solely by children one year of age and under. Tire swings shall have
resilient surfacing that extends a distance of six feet plus the measurement from the pivot point to the swing seat and six feet to
the side of the support structure.
£1} Swing seats shall be made of plastic or soft or flexible material.
iXi Elevated platforms shall have a guardrail or protective barrier, depending upon the height of the platform and the age of
children that will have access to the piece of equipment. All sides of platforms shall be protected except for the area which
allows entry or exit. Guardrails shall prevent inadvertent or unintentional falls off the platform. Protective barriers shall
prevent children from climbing over or through the barrier. The critical height for a platform with a protective barrier is the
platform surface: the critical height for a platform with a guardrail is the top of the guardrail. Measurements for the guardrails
and protective barriers are stated below:
(1) Equipment used by preschool and school-age children:
(A} Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying
surface shall have a guardrail. The minimum height of the tog surface of the guardrail shall be at least 38
inches high and the lower edge shall be no more than 23 inches above the platform.
(B) Protective Barriers ; an elevated surface that is more than 30 inches above the underlying surface shall have a
protective barrier. The minimum height of the to p surface of the protective barrier shall be at least 38 inches
hi gh.
(2) Equipment used exclusively by preschool children:
(A) Guardrails - an elevated surface that is more than 20 inches and no more than 30 inches above the underlying
surface shall have a guardrail . The minimum height of the tog surface of the guardrail shall be at least 29
inches high and the lower edge shall be no more than 23 inches above the platform.
(B) Protective Barriers - an elevated surface that is more than 30 inches above the underlying surface shall have a
protective barrier. The minimum height of tlie tog surface of the protective barrier shall be at least 29 inches
high.
(3) Equipment used exclusively by school-age children:
(A) Guardrails - an elevated surface that is more than 30 inches and no more than 48 inches above the underlying
surface shall have a guardrail. The minimum height of the tog surface of the guardrail shall be at least 38
inches high and the lower edge shall be no more than 26 inches above the platform.
£BJ Protective Barriers - an elevated surface that is more than 48 inches above the underlying surface shall have a
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712
TEMPORARY RULES
protective barrier. The minimum height of the to p surface of the protective barrier shall be at least 38 inches
high.
(k) All equipment and surfacing ordered, constructed or installed on or after October L, 1997 shall conform to all the
requirements m this Rule. All equipment and surfacing ordered, constructed, or installed prior to October L. 1997 shall
conform to Paragraphs (a) through (c) in this Rule. All equipment and surfacing ordered, constructed, or installed prior to
October i^ 1997 shall conform with Paragraphs (d) through (ji in this Rule by January' 1. 2000.
History Note: Authority G.S. 110-91(6): 1438- 168. 3;
Temporar\' Adoption Eff. October 1. 1997.
SECTION .0700 - HEALTH AND OTHER
STANDARDS FOR CENTER STAFF
.0705 SPECIAL TRAINING REQLTREMENTS
(a) At least one staff member shall be knowledgeable of
and able to recognize common contagious and infectious
diseases.
(b) Staff who have completed a course in basic first aid in
the last three years shall be present at the facility at all times
children are present. The number of staff required to
complete the course shall be based on the number of children
present in the facilit>- as shown in the following chart:
Number of children present Number of staff required
1-29 1 staff
30-79 2 staff
80 and above 3 staff
Verification of each required staff person's completion of this
course shall be maintained in the person's individual
personnel file in the facility. The basic first aid course at a
minimum shall address principles for responding to
emergencies, rescue breathing, and techniques for handling
common childhood injuries, accidents and illnesses such as:
choking, bums, fractures, bites and stings, wounds, scrapes,
bruises, cuts and lacerations, poisoning, seizures, bleeding,
allergic reactions, eye and nose injuries and sudden changes
in body temperature.
(c) A first aid information sheet shall be posted in a
prominent place for quick referral. Copies of this form may
be requested from the Medical Societ)- of the State of Nonh
Carolina. P.O. Box 27167, Raleigh, North Carolina, 27611.
(d) Each day care facility shall have at least one person on
the premises at all times who has successfulh' completed a
cardiopulmonary resuscitation (CPR) course pro\ided b_\'
either the American Heart Association or the American Red
Cross within the last 12 months. Successfully completed is
defined as demonstrating competency, as evaluated by the
instructor, in performing CPR. The course shall provide
training in CPR appropriate for the ages of children m care.
Documentation of successful completion of the course from
the American Heart Association or the .American Red Cross
shall be on file in the facility.
(e) There shall be at least two staff, including the
administrator, who have completed at least four clock hours
of training in safety. At a minimum, this training shall
address playground safety hazards, playground supers'lsion.
maintenance and general upkeep of the outdoor area, and age
and deN-elopmentally appropriate playground equipment.
Each day ca r e facility shall have until Januar," 1. 1997 fo r the
r equi r ed numbe r of staff p eo p le to obtain this t r aining.
Administ r ato r s hi r ed afte r July 1, 1 99 6 shall have six months
f r om the date of employment to obtain the t r aining . Staff
counted to comph' with this rule shall ha\e si.x months from
the date of emplo>ment, or from the date a vacancy occurs,
to complete the required safety" training.
Histor\- Note: Authority G.S. 1 10-91(1} (8): 143B-168.3:
Eff. January 1, 1986:
.Amended Eff. January 1. 1996: January 1, 1992: January 1.
1991: Januar.- 1. 1987:
Temporary Amendment Eff. October L. 1997:
TITLE 15A - DEPARTMENT OF EN\ IRON'MENT,
HEALTH, AND NATURAL RESOURCES
Rule-making Agency: EHNR - Environmental Management
Commission
Rule Citation: 15A NCAC 21 .0106. .0115: 2N .0701.
.0707: 2P .0402
Effective Date: January 2. 1998
Findings Reviewed by Beecher R. Gray: Approved
Authority for the rule-making: G.S. 143-215-2: 143-
215.3(a)(1): 143-215. 3(a)(15): 143-215. 94A: 143-215. 94B:
143-21 5. 94D: 143-21 5. 94E: 143-21 5. 94L: 143-21 5. 94T: 143-
215.94V: 143B-282: 150B-21.6: 1995 (Reg. Sess.j
1996)c.648. s.l.
Reason for Proposed Action: 15A NCAC 2L .0106 - to
specif}, the procedures for conducting corrective action where
groundwater quality has been degraded to restore
groundwaters to the level of the standards or as close thereto
as is economically and technologically feasible. Changes lo
15A NCAC 2L .0106 are to provide for groundwater cleanups
consistent with the adoption of 15A NCAC 2L .01 15 (Risk
Based Assessment and Corrective Action for Petroleum
Underground Storage Tanks). In giving approval of a
temporary nde for 15A NCAC 2L .0106. the Environmental
Management Commission gave approval such that the
previous Temporary Rule amendment to 15A NCAC 2L
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NORTH CAROLINA REGISTER
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TEMPORARY RULES
.0106(r) and (s) that became effective January 2, 1996 is
amended. 15A NCAC 2L .0115 - to specify a risk-based
approach to the assessment of risk and corrective action
consistent with NCGS 143-21 5.94V and Senate Bill 1317
{1995 [Reg. Sess. 1996} c.648}. This rule defines a tiered
approach to site assessment that will result in the
classification of contaminated sites into three risk categories
and define appropriate release responses for the respective
categories. 15A NCAC 2N .0701 - to specify that the criteria
under which Federal Regulations have been adopted by
reference in the rules of the state consistent with recent
legislative changes. This amendment further specifies that the
requirements and standards for corrective action in the State
of North Carolina will be 15A NCAC 2L. Changes are to
provide consistency with other rule changes made to
implement risk based corrective action pursuant to NCGS
1 43-21 5-94V and 1995 (Reg. Sess. 1996) c.648, s.l. 15A
NCAC 2N .0707 - specifies the criteria under which Federal
Regulations governing the provision for a corrective action
plan have been incorporated by reference in the rules of the
state and specifies the cleanup requirements for development
and submittal of corrective action plans. Changes are to
provide consistency with other rule changes made to
implement risk based corrective action pursuant to NCGS
143-21 5-94V and 1995 (Reg. Sess. 1996) c.648, s.l. 15A
NCAC 2P .0402 - to establish the conditions under which
disbursements of funds occur through the Commercial Leaking
Petroleum Underground Storage Tank Cleanup Trust Funds.
This rulemaking is intended to assure that state trust fund
reimbursements are continued for sites that pose the greatest
risk and to reduce the demand on trust funds for those sits
that are not a threat to public health or the environment. In
giving approval of a temporary rule for ISA NCAC 2P .0402,
the Environmental Management Commission gave approval
such that the previous Temporary Rule amendment to 15A
NCAC 2P .0402 that became effective January 2, 1996 is
amended.
Comment Procedures: No comments will be accepted for
this temporary rule. No abbreviated notice will be provided
to the public of the temporary rule. In giving approval for
these Temporary Rules, the Environmental Management
Commission deemed that an abbreviated notice to obtain
additional public comment was unnecessary. This is because
the text of 15A NCAC 2L .0106 was developed as a result of
public hearings held in March 1997 for a permanent rule
previously noticed in the North Carolina Register pursuant to
NCGS 150B. The text of this temporary rule is the same as
the text of the permanent 15A NCAC 2L .0106 that was
presented to the Environmental Management Commission on
September 11, 1997. This permanent rule is identified as one
of the rules in EHNR Rulemaking Number 2100 (Risk Based
Corrective Action for Petroleum Underground Storage
Tanks). Upon becoming effective, copies of this temporary
rule may be obtained from the Division of Water Quality -
Groundwater Section, 2728 Capital Boulevard, PO Box
29578. Raleigh, North Carolina, 27626-0578. It is
anticipated that the permanent rules will become effective in
August 1998 and will supersede the temporary rules that are
to go into effect on January 2, 1998.
CHAPTER 2 - ENVIRONMENTAL MANAGEMENT
SUBCHAPTER 2L - GROUNDWATER
CLASSIFICATION AND STANDARDS
SECTION .0100 - GENERAL CONSIDERATIONS
.0106 CORRECTIVE ACTION
(a) Where groundwater quality has been degraded, the goal
of any required corrective action shall be restoration to the
level of the standards, or as closely thereto as is economically
and technologically feasible. In all cases involving requests
to the Director for approval of corrective action plans, or
termination of corrective action, the responsibility for
providing all information required by this Rule lies with the
person(s) making the request.
(b) Any person conducting or controlling an activity which
results in the discharge of a waste or hazardous substance or
oil to the groundwaters of the State, or in proximity thereto,
shall take immediate action to terminate and control the
discharge, mitigate any hazards resulting from exposure to
the pollutants and notify the Division of the discharge.
(c) Any person conducting or controlling an activity which
has not been permitted by the Division and which results in
an increase in the concentration of a substance in excess of
the standard, other than agricultural operations, shall:
(1) immediately notify the Division of the activity that
has resulted in the increase and the contaminant
concentration levels;
(2) take immediate action to eliminate the source or
sources of contamination;
(3) submit a report to the Director assessing the cause,
significance and extent of the violation; and
(4) implement an approved corrective action plan for
restoration of groundwater quality in accordance
with a schedule established by the Director, or his
designee. In establishing a schedule the Director,
or his designee shall consider any reasonable
schedule proposed by the person submitting the
plan. A report shall be made to the Health Director
of the county or counties in which the
contamination occurs in accordance with the
requirements of Rule .01 14(a) in this Section.
(d) Any person conducting or controlling an activity which
is conducted imder the authority of a permit issued by the
Division and which results in an increase in concentration of a
substance in excess of the standards:
(1) at or beyond a review boundary, shall demonstrate,
through predictive calculations or modeling, that
natural site conditions, facility design and
operational controls will prevent a violation of
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October 15, 1997
714
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standards at the compliance boundary; or submit a
plan for alteration of existing site conditions,
facility design or operational controls that will
prevent a violation at the compliance boundary, and
implement that plan upon its approval by the
Director, or his designee.
(2) at or beyond a compliance boundar>', shall assess
the cause, significance and extent of the violation of
standards and submit the results of the
investigation, and a plan and proposed schedule for
corrective
action to the Director, or his designee. The permittee
shall implement the plan as approved by and in
accordance with a schedule established by the Director,
or his designee. In establishing a schedule the
Director, or his designee shall consider any reasonable
schedule proposed by the permittee.
(e) For the purposes of Paragraphs (c) and (d) of this Rule,
an activit\' conducted under the authority of a permit issued
by the Division, and subject to Paragraph (d) of this Rule, is
one for which:
(1) a permit has been issued pursuant to G.S.
143-215.1:
(2) the permit was originally issued after December 30,
1983:
(3) the substance for which a standard has been
exceeded outside the compliance boundary has been
released to groundwater as a result of the permitted
activity;
(4) all other activities shall for the purpose of this Rule
be deemed not permitted by the Division and
subject to the provisions of Paragraph (c) of this
Rule.
(f) Corrective action required following discovery of the
unauthorized release of a contaminant to the surface or
subsurface of the land, and prior to or concurrent with the
assessment required in Paragraphs (c) and (d) of this Rule,
shall include, but is not limited to:
(1) Prevention of fire, explosion or the spread of
noxious fumes;
(2) Abatement, containment or control of the migration
of contaminants:
(3) Removal, or treatment and control of any primary
pollution source such as buried waste, waste
stockpiles or surficial accumulations of free
products;
(4) Removal, treatment or control of secondary
pollution sources which would be potential
continuing sources of pollutants to the groundwaters
such as contaminated soils and non-aqueous phase
liquids. Contaminated soils which threaten the
quality of groundwaters must be treated, contained
or disposed of in accordance with applicable rules
and procedures established by the Division. The
treatment or disposal of contaminated soils shall be
conducted in a manner that will not result in a
violation of standards or North Carolina Hazardous
Waste Management rules.
(g) The site assessment conducted pursuant to the
requirements of Paragraph (c) of this Rule, shall include:
( 1 ) The source and cause of contamination;
(2) Any imminent hazards to public health and safety
and actions taken to mitigate them in accordance
with Paragraph (f) of this Rule;
(3) All receptors and significant exposure pathways;
(4) The horizontal and vertical extent of soil and
groundwater contamination and all significant
factors affecting contaminant transport; and
(5) Geological and hydrogeological features influencing
the movement, chemical, and physical character of
the contaminants.
Reports of site assessments shall be submitted to the Division
as soon as practicable or in accordance with a schedule
established by the Director, or his designee. In establishing a
schedule the Director, or his designee shall consider any
reasonable proposal by the person submitting the report.
(h) Corrective action plans for restoration of groundwater
quality, submitted pursuant to Paragraphs (c) and (d) of this
Rule shall include:
(1) A description of the proposed corrective action and
reasons for its selection.
(2) Specific plans, including engineering details where
applicable, for restoring groundwater quality.
(3) A schedule for the implementation and operation of
the proposed plan.
(4) A monitoring plan for evaluating the effectiveness
of the proposed corrective action and the movement
of the contaminant plume.
(i) In the evaluation of corrective action plans, the
Director, or his designee shall consider the extent of any
violations, the extent of any threat to human health or safety,
the extent of damage or potential adverse impact to the
environment, technology available to accomplish restoration,
the potential for degradation of the contaminants in the
environment, the time and costs estimated to achieve
groundwater quality restoration, and the public and economic
benefits to be derived from groundwater quality restoration.
(j) A corrective action plan prepared pursuant to Paragraph
(c) or (d) of this Rule must be implemented using the best
available technology for restoration of groundwater quality to
the level of the standards, except as provided in Paragraphs
(k), (1), and (m) (m), Irj and [sj of this Rule,
(k) Any person required to implement an approved
corrective action plan for a non-permitted site pursuant to this
Rule may request that the Director approve such a plan
without requiring groundwater remediation to the standards.
A request submitted to the Director under this Paragraph shall
include a description of site specific conditions, including
information on the availability of public water supplies for the
affected area; the technical basis for the request; and any
other information requested by the Director to thoroughly
evaluate the request. In addition, the person making the
request must demonstrate to the satisfaction of the Director:
( 1 ) that all sources of contamination and free product
715
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October 15, 1997
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have been removed or controlled pursuant to
Paragraph (f) of this Rule;
(2) that the time and direction of contaminant travel
can be predicted with reasonable certainty;
(3) that contaminants have not and will not migrate
onto adjacent properties, or that:
(A) such properties are served by an existing
public water supply system dependent on
surface waters or hydraulically isolated
groundwater, or
(B) the owners of such properties have consented
in writing to the request;
(4) that the standards specified in Rule .0202 of this
Subchapter will be met at a location no closer than
one year time of travel upgradient of an existing or
foreseeable receptor, based on travel time and the
natural attenuation capacity of subsurface materials
or on a physical barrier to groundwater migration
that exists or will be installed by the person making
the request;
(5) that, if the contaminant plume is expected to
intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that
would result in violations of standards for surface
waters contained in 15A NCAC 2B .0200;
(6) that public notice of the request has been provided
in accordance with Rule .01 14(b) of this Section;
(7) that the proposed corrective action plan would be
consistent with all other environmental laws.
(1) Any person required to implement an approved
corrective action plan for a non-permitted site pursuant to this
Rule may request that the Director approve such a plan based
upon natural processes of degradation and attenuation of
contaminants. A request submitted to the Director under this
Paragraph shall include a description of site specific
conditions, including written documentation of projected
groundwater use in the contaminated area based on current
state or local government planning efforts; the technical basis
for the request; and any other information requested by the
Director to thoroughly evaluate the request. In addition, the
person making the request must demonstrate to the
satisfaction of the Director:
(1) that all sources of contamination and free product
have been removed or controlled pursuant to
Paragraph (0 of this Rule;
(2) that the contaminant has the capacity to degrade or
attenuate under the site-specific conditions;
(3) that the time and direction of contaminant travel
can be predicted with reasonable certainty;
(4) that contaminant migration will not result in any
violation of applicable groundwater standards at any
existing or foreseeable receptor;
(5) that contaminants have not and will not migrate
onto adjacent properties, or that:
(A) such properties are served by an existing
public water supply system dependent on
surface waters or hydraulically isolated
groundwater, or
(B) the owners of such properties have consented
in writing to the request;
(6) that, if the contaminant plume is expected to
intercept surface waters, the groundwater discharge
will not possess contaminant concentrations that
would result in violations of standards for surface
waters contained in 15A NCAC 2B .0200;
(7) that the person making the request will put in place
a groundwater monitoring program sufficient to
track the degradation and attenuation of
contaminants and contaminant by-products within
and down gradient of the plume and to detect
contaminants and contaminant by-products prior to
their reaching any existing or foreseeable receptor
at least one year's time of travel upgradient of the
receptor and no greater than the distance the
groundwater at the contaminated site is predicted to
travel in five years;
(8) that all necessary access agreements needed to
monitor groundwater quality pursuant to
Subparagraph (7) of this Paragraph have been or
can be obtained;
(9) that public notice of the request has been provided
in accordance with Rule .0114(b) of this Section;
and
(10) that the proposed corrective action plan would be
consistent with all other environmental laws.
(m) The Division or any person required to implement an
approved corrective action plan for a non-permitted site
pursuant to this Rule may request that the Director approve
termination of corrective action.
(1) A request submitted to the Director under this
Paragraph shall include:
(A) a discussion of the duration of the corrective
action, the total project's cost, projected
annual cost for continuance and evaluation of
the success of the corrective action;
(B) an evaluation of alternate treatment
technologies which could result in further
reduction of contaminant levels projected
capital and annual operating costs for each
technology;
(C) effects, including health and safety impacts,
on groundwater users if contaminant levels
remain at levels existing at the time
corrective action is terminated; and
(D) any other information requested by the
Director to thoroughly evaluate the request.
(2) In addition, the person making the request must
demonstrate to the satisfaction of the Director:
(A) that continuation of corrective action would
not result in a significant reduction in the
concentration of contaminants (At a
minimum this demonstration must show the
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October 15, 1997
716
TEMPORARY RULES
duration and degree of success of existing
remedial efforts to attain standards and
include a showing that the asymptotic slope
of the contaminants curve of decontamination
is less than a ratio of 1 :40 over a term of one
year based on quarterly sampling);
(B) that contaminants have not and will not
migrate onto adjacent propenies. or that:
(i) such properties are served by an
existing public water supply system
dependent on surface waters or
hydraulically isolated groundwater, or
(ii) the owners of such properties have
consented in writing to the request;
(C) that, if the contaminant plumes expected to
intercept surface waters, the groundwater
discharge will not possess contammant
concentrations that would result in violations
of standards for surface waters contained in
15A NCAC 2B .0200;
(D) that public notice of the request has been
provided m accordance with Rule .01 14(b) of
this Section; and
(E) that the proposed termination would be
consistent with all other environmental laws.
(3) The Director shall not authorize termination of
corrective action for any area that, at the time the
request is made, has been identified by a state or
local groundwater use plarming process for resource
development.
(4) The Director may authorize the termination of
corrective action, or amend the corrective action
plan after considering all the information in the
request. Upon termination of corrective action, the
Director shall require implementation of a
groundwater monitoring program sufficient to track
the degradation and attenuation of contaminants at a
location of at least one year's predicted time of
travel upgradient of any existing or foreseeable
receptor. The monitoring program shall remain in
effect until there is sufficient evidence that the
contaminant concentrations have been reduced to
the level of the standards.
(n) Upon a determination by the Director that continued
corrective action would result in no significant reduction in
contaminant concentrations, and the contaminated
groundwaters can be rendered potable by treatment using
readily available and economicalh- reasonable technologies,
the Director may designate the remaining area of degraded
groimdwater RS. Where the remaining degraded
groundwaters cannot be made potable by such treatment, the
Director may consider a request for reclassitlcation of the
groundwater to a GC classification as outlined in Rule .0201
of this Subchapter.
(o) If at any time the Director determines that a new
technology is available that would remediate the contaminated
groundwater to the standards specified in Rule .0202 of this
Subchapter, the Director may require the responsible party to
evaluate the economic and technological feasibility of
implementing the new technology in an active groundwater
corrective action plan in accordance with a schedule
established by the Director. The Director's determination to
utilize new technology at any site or for any particular
constituent shall include a consideration of the factors in
Paragraph (h) of this Rule.
(p) Where standards are exceeded as a result of the
application of pesticides or other agricultural chemicals, the
Director shall request the Pesticide Board or the Department
of Agriculture to assist the Division of Environmental
Management in determining the cause of the violation. If the
violation is determined to have resulted from the use of
pesticides, the Director shall request the Pesticide Board to
take appropriate regulatory action to control the use of the
chemical or chemicals responsible for, or contributing to,
such violations, or to discontinue their use.
(q) The approval pursuant to this Rule of any corrective
action plan, or modification or termination thereof, which
permits the migration of a contaminant onto adjacent
property, shall not affect any private right of action by any
party which may be effected by that contamination.
tr] If a discharge or release is not governed by 15A NCAC
2L .01 15 and the increase in the concentration of a substance
in excess of the standard resulted in whole or in part from a
release from a commercial or noncommercial underground
storage tank as defined in G.S. 143-2 15. 94 A. anv person
required to implement an approved corrective action plan
pursuant to this Rule and seeking reimbursement for the
Commercial or Noncommercial Leaking Petroleum
Underground Storage Tank Cleanup Funds shall implement a
correcti\e action plan meeting the requirements of Paragraphs
Ik] or ill of this Rule unless such a person demonstrates to the
Director that:
( 1) contamination resulting from the discharge cannot
qualify' for approval of a plan based on the
requirements of the Paragraphs; or
(2) the cost of making such a demonstration would
exceed the cost of implementing a corrective action
plan submitted pursuant to Paragraph (c) of this
Rule.
is] It' a discharge or release is not governed by 15A NCAC
2L .0115 and the increase in die concentration of a substance
in excess of the standard resulted in whole or in part from a
release from a commercial or noncommercial underground
storage tank as defined in G.S. 143-215. 94A. the Director
may require any person implementing or operating a
previoush approved corrective action plan pursuant to this
Rule to:
( 1) develop and implement a corrective action plan
meeting the requirements of Paragraphs (k) and il]
of this Rule; or
(2) seek discontinuance of corrective action pursuant to
Paragraph (m) of Ms Rule.
Histon.- Note: Auihorin G.S. 143-215.2: 143-215. 3(a)(1):
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NORTH CAROLINA REGISTER
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143-21 5. 94A: 143-215.94(7): 143-21 5.94V; 143B-282; 1995
(Reg. Sess.; 1996) c. 648, s. 1:
Eff. August 1. 1989;
Temporan' Amendment Eff. Januar,' 2^ 1998.
.0115 RISK-BASED ASSESSMENT AND
CORRECTIVE ACTION FOR PETROLEUM
UNDERGROUND STORAGE TANKS
(a) The purpose of this Rule is to establish procedures for
risk-based assessment and corrective action sufficient to:
(1) protect human health and the environment:
(2) abate and control contamination of the waters of the
State as deemed necessary to protect human health and the
environment:
(3) permit management of the State's groundwaters to
protect their designated current usage and potential future
uses:
(4) provide for anticipated future uses of the State's
groundwater:
(5) recognize the diversity of contaminants, the State's
geology and the characteristics of each individual
site: and
(6) accomplish these goals in a cost-efficient manner to
assure the best use of Ae limited resources
available to address groundwater pollution within
the State.
(b) This Rule applies to any discharge or release from a
"commercial underground storage tank" or a "noncommercial
underground storage tank." as those terms are defined in G.S.
143-215. 94A. which is reported on or after the effective date
of this Rule. This Rule shall apply to any discharge or
release from a "commercial underground storage tank" or a
"noncommercial underground storage tank." as those terms
are defined in G.S. 143-215. 94A which is reported before the
effective date of this Rule as provided in Paragraph (r) of this
Rule. The requirements of this Rule shall apply to the owner
and operator of the underground storage tank from which the
discharge or release occurred, a landowner seeking
reimbursement from the Commercial Leaking Underground
Storage Tank Fund or the Noncommercial Leaking
Underground Storage Tank Fund under G.S. 143-215. 94E.
and any other person responsible for the assessment or
cleanup of a discharge or release from an underground
storage tank, including any person who has conducted or
controlled an activity which results in the discharge or release
of petroleum or petroleum products as defined in G.S. 143-
215.94A(10) to the groundwaters of the State, or in proximity
thereto: these persons shall be collectively referred to for
purposes of this Rule as the "responsible party." This Rule
shall be applied in a manner consistent with the Rules found
in 15A NCAC 2N in order to assure that the State's
requirements regarding assessment and cleanup from
underground storage tanks are no less stringent than Federal
requirements.
(c) A responsible party shall:
(1) take immediate action to prevent any further
discharge or release of petroleum from the
underground storage tank: identify and mitigate any
fire, explosion or vapor hazard: remove any free
product: and comply with the requirements of Rules
.0601 through .0604 and .0701 through .0703 and
.0705 of Subchapter 2N:
(2) incorporate the requirements of 15A NCAC 2N
.0704 into the submittal required under
Subparagraph (3) of tliis Paragraph or tlie limited
site assessment report required under Subparagraph
(4) of this Paragraph, whichever is applicable.
Such submittals shall constitute compliance with the
reporting requirements of 15A NCAC 2N .0704(b):
(3) submit within 90 days of the discovery of the
discharge or release a soil contamination report
containing information sufficient to show that
remaining unsaturated soil in tlie side walls and at
the base of the excavation does not contain
contaminant levels which exceed either the "soil-to-
groundwater" or the residential maximum soil
contaminant concentrations established by the
Department pursuant to Paragraph (m> of this Rule,
whichever is lower. If such showing is made, the
discharge or release shall be classified as low risk
by the Department:
(4) if tlie required showing cannot be made under
Subparagraph (3) of tlm Paragraph, submit within
120 days of the discovery of the discharge or
release, or within such other time limit approved by
the Department, a report containing information
needed by the Department to classify the level of
risk to human health and the environment posed by
a discharge or release under Paragraph (d) of this
Rule. Such report shall include, at a minimum:
(A) a location map, based on a USGS
topographic map, showing the radius of 1500
feet from the source area of a confirmed
release or discharge and depicting all water
supply wells, surface waters and designated
wellhead protection areas as defined in 42
use 300h-7(e) within the 15QQ-foot radius.
For purposes of this Rule, source area means
point of release or discharge from the
underground storage tank system:
(B> a determination of whether the source area of
the discharge or release is within a
designated wellhead protection area as
defined in 42 USC 300h-7(e):
(C) if tlie discharge or release is in the Coastal
Plain physiographic region as designated on a
map entitled "Geology of North Carolina"
published by tlie Department in 1985. a
determination of whether the source area of
the discharge or release is located in an area
in which there is recharge to an unconfined
or semi-confined deeper aquifer which is
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October 15, 1997
718
TEMPORARY RULES
being used or may be used as a source of
drinking water;
(D) a determination of whether vapors from the
discharge or release pose a threat of
explosion due to the accumulation of vapors
in a confined space or pose any other serious
threat to public health, public safety or the
environment:
(E) scaled site map(s) showing the location of the
following which are on or adjacent to the
property where the source is located: site
boundaries, roads, buildings, basements,
floor and storm drains, subsurface utilities,
septic tanks and leach fields, underground
storage tank systems, monitoring wells,
borings and the sampling points:
(F) the results from a limited site assessment
which shall include:
tli the analytical results from soil samples
collected during the construction of a
monitoring well installed in the source
area of each confirmed discharge or
release from a noncommercial or
commercial underground storage tank
and either the analytical results of a
groundwater sample collected from the
well or. if free product is present in
the well, the amount of free product in
the well. The soil samples shall be
collected every five feet in the
unsaturated zone unless a water table
is encountered at or greater than a
depth of 25 feet from land surface in
which case soil samples shall be
collected every 10 feet in the
unsaturated zone. The soil samples
shall be collected from suspected
worst-case locations exhibiting visible
contamination or elevated levels of
volatile organic compounds in the
borehole :
(ii) if any constituent in tlie groundwater
sample from the source area
monitoring well installed in
accordance with Subpart (jj of this
Part exceeds the standards or interim
standards es tablished in 15A NCAC
2L .0202 by a factor of 10 and is a
discharge or release from a
commercial underground storage tank,
the analytical results from a
groundwater sample collected from
each of four additional monitoring
wells or. if free product is present in
any of the wells, the amount of free
product in such well. The four
additional monitoring wells will be
installed as follows: as best as can be
determined, one upgradient of the
source of contamination: two
downgradient of the source of
contamination: and one vertical-extent
well immediately downgradient from
the source but within the area of
contamination. The monitoring wells
installed upgradient and downgradient
of the source of contamination must be
located such that groundwater flow
direction can be determined and:
(iii) potentiometric data from all required
wells:
(G) the availability of public water supplies and
the identification of properties served by the
public water supplies within 1500 feet of the
source area of a confirmed discharge or
release:
(H) the land use, including zoning if applicable.
within 1500 feet of tlie source area of a
confirmed discharge or release:
(1) a discussion of site specific conditions or
possible actions which could result in
lowering the risk classification assigned to
the release. Such discussion shall be based
on information known or required to be
obtained under this Subsection: and
{JQ names and current addresses of all
owners and operators of the underground
storage tank systems for which a
discharge or release is confirmed, the
owner(s) of the land upon which such
systems are located, and all potentially
affected real property owners.
(d) The Department shall classify the risk of each known
discharge or release as high, intermediate or low risk unless
the discharge or release has been classified under
Subparagraph tc)(3) of this Rule. For purposes of this Rule:
(1) "High risk" means that:
(A) a water supply well, including one used for
non-drinking purposes. has been
contaminated by the release or discharge:
(B) a water supply well used for drinking water
is located within 1000 feet of the source area
of a confirmed discharge or release:
(O a water supply well not used for drinking
water is located within 250 feet of the source
area of a confirmed discharge or release:
(D) the groimdwater within 500 feet of the source
area of a confirmed discharge or release has
the potential for future use in that there is no
source of water supply other than the
groundwater:
(E) the vapors from the discharge or release pose
a serious threat of explosion due to
accumulation of tlie vapors in a confined
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NORTH CAROLINA REGISTER
October 15, 1997
12:8
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space: or
(F) the discharge or release poses an imminent
danger to public health, public safety, or the
environment.
(2) "Intermediate risk" means that:
(A) surface water is located within 500 feet of
the source area of a confirmed discharge or
release and the maximum groundwater
contaminant concentration exceeds the
applicable surface water quality standards
and criteria found in 15 A NCAC 2B .0200
bx a factor of 10:
(B) in the Coastal Plain physiographic region as
designated on a map entitled "Geology of
North Carolina" published by the
Department in 1985. the source area of a
confirmed discharge or release is located in
an area in which there is recharge to an
unconfmed or semi-confined deeper aquifer
which the Department determines is being
used or may be used as a source of drinking
water:
(C) the source area of a confirmed discharge or
release is within a designated wellhead
protection area, as defined in 42 USC 300h-
7£eL
(D) the levels of groundwater contamination for
any contaminant except ethylene dibromide.
benzene and alkane and aromatic carbon
fraction classess exceed 50 percent of the
solubility of the contaminant at 25 degrees
Celsius or 1.000 times the groundwater
standard or interim standard established in
15A NCAC 2L .0202. whichever is lower:
or
(E) the levels of groundwater contamination for
ethylene dibromide and benzene exceed
1.000 times the federal drinking water
standard set out in 40 CFR 141.
(3) "Low risk" means that:
(A) the risk posed does not fall within the high or
intermediate risk categories: or
(B) based on review of site-specific information,
limited assessment or interim corrective
actions, the Department determines that the
discharge or release poses no significant risk
to human health or the environment.
If the criteria for more than one risk category applies, the
discharge or release shall be classified at the highest
a pplicable risk category unless the Department has
reclassified the discharge or release pursuant to Paragraph (e)
of this Rule.
(e) The Department may reclassify the risk posed by a
release if warranted by further information concerning the
potential exposure of receptors to the discharge or release or
upon receipt of new information concerning changed
conditions at the site. After initial classification of the
discharge or release, the Department may require limited
assessment, interim corrective action, or other actions which
the Department believes will result in a lower risk
classification. It shall be a continuing obligation of each
responsible party to notify the Department of any changes that
might affect the level of risk assigned to a discharge or
release by the Department if tlie change is known or should
be known by the responsible party. Such changes shall
include, but shall not be limited to. changes in zoning of real
property, use of real property or the use of groundwater that
has been contaminated or is expected to be contaminated by
the discharge or release, if such change could cause the
Department to reclassify the risk.
Ifi If the risk posed by a discharge or release is determined
by the Department to be high risk, the responsible party shall
comply with the assessment and cleanup requirements of Rule
.0106(c). £g) and ill] of this Subchapter and 15A NCAC 2N
.0706 and .0707. The goal of any required corrective action
for groundwater contamination shall be restoration to the
level of the groundwater standards set forth in 15A NCAC 2L
.0202. or as closely thereto as is economically and
technologically feasible. In any corrective action plan
submitted pursuant to this Subsection, natural attenuation shall
be used to tlie maximum extent possible. If the responsible
party demonstrates that natural attenuation prevents the
further migration of the plume, the Department may approve
a groundwater monitoring plan.
(g) If tlie risk posed by a discharge or release is
determined by the Department to be an intermediate risk, the
responsible party shall comply with the assessment
requirements of ISA NCAC 2L .0106 (cj aiid Ig] and 15A
NCAC 2N .0706. As part of the comprehensive site
assessment, the responsible party shall evaluate, based on site
specific conditions, whether the release poses a significant
risk to human health or tlie environment, if tne Department
determines, based on the site-specific conditions, that the
discharge or release does not pose a significant threat to
human health or tlie environment, the site shall be reclassified
as a low risk site. If the site is not reclassified, the
responsible party shall, at the direction of the Department,
submit a groundwater monitoring plan or a corrective action
plan, or a combination thereof, meeting the cleanup standards
of this Paragraph and containing the information required in
15A NCAC 2L .0106(h) and I5A NCAC 2N .0707.
Discharges or releases which are classified as intermediate
risk shall be remediated, at a minimum, to a cleanup level of
50 percent of tjie solubility of tlie contaminant at 25 degrees
Celsius or 1.0(X) times the groundwater standard or interim
standard established in 15A NCAC 2L .0202. whichever is
lower for any groundwater contaminant except ethylene
dibromide. benzene and alkane and aromatic carbon fraction
classes. Ethylene dibromide and benzene shall be remediated
to a cleanup level of 1.000 times the federal drinking water
standard set out in 40 CFR 141. Additionally, if a corrective
action plan or groundwater monitoring plan is required under
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NORTH CAROLINA REGISTER
October 15, 1997
720
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this Paragraph, the responsible party shall demonstrate that
the groundwater cleanup levels are sufficient to prevent a
violation of:
(1) the rules contained in 15A NCAC 2B:
(2) the standards contained in 15 A NCAC 2L .0202 in
a deep aquifer as described in Part (d)(2)(B) of this
Rule; and
£3} the standards contained in 15A NCAC 2L .0202 at
a location no closer than one year time of travel
upgradient of a well within a designated wellhead
protection area, based on travel time and the natural
attenuation capacity of the subsurface materials or
on a physical barrier to groundwater migration that
exists or will be installed by the person making the
request.
In any corrective action plan submitted pursuant to this
Subsection, natural attenuation shall be used to the maximum
extent possible.
(h) If the risk posed by a discharge or release is
determined by the Department to be a low risk, the
Department shall notify the responsible party that no cleanup.
no further cleanup or no further action will be required by the
Department unless the Department later determines that the
discharge oi release poses an unacceptable risk or a
potentially unacceptable risk to human health or the
environment. No notification will be issued pursuant to this
subsection, however, until the responsible party has
completed soil remediation pursuant to Paragraph tii of this
Rule except as provided in Paragraph Hj or as closely thereto
as economically or technologically feasible. The issuance by
the Department of a notification under this Paragraph shall
not affect any private right of action by any party which may
be affected by the contamination.
lii Assessment and remediation of soil contamination shall
be addressed as follows:
(1) At the time that the Department determines the risk
posed by the discharge or release, the Department
shall also determine, based on site-specific
information, whether the site is "residential" or
"industrial/commercial. " For purposes of this
Rule, a site is presumed residential, but may be
classified as industrial/commercial if the
Department determines based on site-specific
information that exposure to tlie soi] contamination
is limited in time due to the use of the site and does
not involve exposure to children. For purposes of
this Paragraph, "site" means both the property upon
which the discharge or release has occurred and
any property upon which soil has been affected by
the discharge or release.
(2) The responsible party shall submit a report to the
Department assessing the vertical and horizontal
extent of soil contamination.
(3) For a discharge or release classified by the
Department as jow risk, the responsible party shall
submit a report demonstrating that soil
contamination has been remediated to either the
residential or industrial/commercial maximum soil
contaminant concentration established by the
Department pursuant to Paragraph (m) of this Rule.
whichever is applicable.
(4) For a discharge or release classified by the
Department as high or intermediate risk, the
responsible party shall submit a report
demonstrating that soil contamination has been
remediated to die lowest of:
(A) the residential or industrial/commercial
maximum soil contaminant concentration.
whichever is applicable, that has been
established by tlie Department pursuant to
Paragraph (m) of tliis Rule: or
(B> the "soil-to-groundwater" maximum soil
contaminant concentration that has been
established by the Department pursuant to
Paragraph (m) of this Rule.
(ji A responsible party who submits a corrective action
plan which proposes natural attenuation or to cleanup
groundwater contamination to a standard other than a standard
or interim standard established in 15A NCAC 2L .0202. or to
cleanup soil other than to die standard for residential use or
soil-to-groundwater contaminant concentration established
pursuant to tliis Rule, whichever is lower, shall give notice
to: the local Health Director and the chief administrative
officer of each political jurisdiction in which the
contamination occurs: all property owners and occupants
within or contiguous to tlie area containing the contamination:
and all property owners and occupants within or contiguous to
the area where the contamination is expected to migrate. Such
notice shall describe the nature of tlie plan and die reasons
supporting iL Notification shall be made by certified mail
concurrent with the submittal of the corrective action plan.
Approval of the corrective action plan by the Department
shall be postponed for a period of 30 days following receipt
of die request so that the Department may consider comments
submitted by interested individuals. The responsible party
or shall, within a time frame determined by the Department,
provide the Department with a copy of the notice and proof of
receipt of each required notice, or of refusal by die addressee
to accept delivery of a required notice. If notice by certified
mail to occupants under this Subsection is impractical, the
responsible party may give notice by posting such notice
prominently in a manner designed to give actual notice to the
occupants. If notice is made to occupants by posting, the
responsible party shall provide the Department with a copy of
the posted notice and a description of the manner in which
such posted notice was given.
(k) A responsible party who receives a notice pursuant to
Paragraph (h) of this Rule for a discharge or release which
has not been remediated to the groundwater standards or
interim standards established in Rule .0202 of this Subchapter
or to tlie lower of die residential or soil-to-groundwater
contaminant concentrations established under Paragraph (m)
of this Rule, shall, within 30 days of the receipt of such
notice, provide a copy of the notice to: the local Health
721
NORTH CAROLINA REGISTER
October 15, 1997
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TEMPORARY RULES
Director and the chief administrative officer of each political
jurisdiction in which the contamination occurs: aU property
owners and occupants within or contiguous to the area
containing contamination: and aU property owners and
occupants within or contiguous to the area where the
contamination is expected to migrate. Notification shall be
made by certified mail. The responsible party shall, within a
time frame determined by the Department, provide the
Department with proof of receipt of the copy of the notice, or
of refusal by the addressee to accept delivery of the copy of
the notice. If notice by certified mail to occupants under this
Paragraph is impractical, the responsible party may give
notice by posting a copy of the notice prominently in a
manner designed to give actual notice to the occupants. If
notice is made to occupants by posting, the responsible party
shall provide the Department with a description of the manner
in which such posted notice was given.
£1} To the extent feasible, the Department shall maintain in
each of the Department's regional offices a list of all
petroleum underground storage tank discharges or releases
discovered and reported to the Department within the region
on or after the effective date of this rule and all petroleum
underground storage tank discharges or releases for which
notification was issued under Paragraph (h) by the
Department on or after the effective date of this Rule.
(m) The Department shall publish, and annually revise.
maximum soil contaminant concentrations to be used as soil
cleanup levels for contamination from petroleum underground
storage tank systems. Maximum soil contaminant
concentrations will be established for residential.
industrial/commercial and soil-to-groundwater exposures.
£1) The following equations and references shall be
used in establishing residential maximum soil
contaminant concentrations. Equation 1 shall be
used for each contaminant with an EPA
carcinogenic classification of A^ BJ_, Bl, C. D or
E. Equation 2 shall be used for each contaminant
with an EPA carcinogenic classification of A^ Bl.
B2 or C^ The maximum soil contaminant
concentration shall be tlie lowest of the
concentrations derived from Equations i and 2^
(A) Equation Jj. Non-cancer Risk-based
Residential Concentration
Soil mg/kg ^ 15.642.86 x oral chronic
reference dose.
(B) Equation 2: Cancer Risk-based Residential
Concentration
Soil mg/kg ^ 0.6387/ oral cancer slope
factor.
(C) The following references or the most recent
version of these references, in order of
preference, shall be used to obtain oral
chronic reference doses and oral cancer slope
factors:
(i) EPA. Integrated Risk Information
System (IRIS) Computer Database:
a)
(ii) EPA. Health Effects Assessment
Summary Tables (HEAST):
(iii) EPA Region III. Risk-based
Concentration Tables (RBC Tables).
Office of RCRA. Technical and
Program Support Branch. Available
atj.
http://www.epa.gov/reg3hwmd/index.
html:
(iv) EPA. 1995. Supplemental Guidance
to RAGS: Region 4 Bulletins Human
Health Risk Assessment, including
future amendments: and
(v) Other appropriate, published health
risk assessment data, and scientifically
valid peer-reviewed published
toxicological data.
The following equations and references shall be
used in establishing industrial/commercial
maximum soil contaminant concentrations.
Equation 1 shall be used for each contaminant with
an EPA carcinogenic classification of A^ BL B2^
C^ D or E^ Equation 2 shall be used for each
contaminant with an EPA carcinogenic
classification of A^ Bi^ B2 or C The maximum
soil contaminant concentration shall be tlie lowest
of the concentrations derived from Equations i and
(A) Equation Jj. Non-cancer Risk-based
Industrial/Commercial Concentration
Soil mg/kg ^ 408.800 x oral chronic
reference dose.
(B) Equation 2i Cancer Risk-based
Industrial/Commercial Concentration
Soil mg/kg ^ 5.7232/ oral cancer slope
factor.
(C) The following references or tJie most recent
version of these references, in order of
preference, shall be used to obtain oral
chronic reference doses and oral cancer slope
factors:
£i} EPA. Integrated Risk Information
System (IRIS) Computer Database:
(ii) EPA. Health Effects Assessment
Summary Tables (HEAST):
(iii) EPA Region III. Risk-based
Concentration Tables (RBC Tables).
Office of RCRA. Technical and
Program Support Branch. Available
Ml
http://www.epa.gov/reg3hwmd/index.
html:
(iv) EPA. 1995. Supplemental Guidance
to RAGS: Region 4 Bulletins Human
Health Risk Assessment, including
future amendments: and
12:8
NORTH CAROLINA REGISTER
October 15, 1997
722
TEMPORARY RULES
i\l
Ql
Other appropriate, published health
risk assessment data, and scientificalh
\-alid peer-re\'ie\ved published
loxicological data.
The following equations and references shall be
used in establishing the soil-io-groundwater
maximum contaminant concentrations:
(A) Organic Constituents:
Soil mg/kg ^ groundwater standard or
interim standard x 1(.02 x soil organic
carbon-water partition coefficient) +_ 4
±_ { 1.733 X 4i x HenPv 's Law Constant
(atm.-m'/mole))l.
(i) If no groundwater standard or interim
standard has been established under
Rule 2L .0202 of tliis Subchapter, the
practical quantitation limit should be
used in iieu of a standard to calculate
the soil-io-groundwater maximum
contaminant concentrations.
The following references or the most
recent version ot' these references, in
order of preference, shall be used to
obtain soil organic carbon-water
partition coeftlcienis and Henr\''s Law
Constants:
LJLl EPA. 1996. Soil Screening
Guidance : Technical
Background Document.
( EPA/540/ R95/ 1 28):
(II) EPA. 1986. Superfund Public
Health Exaluation Manual.
Office of EmergencN' and
Remedial Response
(EPA/54G/l-86;060):
(III) Agency for Toxic Substances
and Disease Regisin.'.
"Toxicological Profile for
[individual chemical). " U.S.
Public Health Ser\ice:
(IV) Montgomery'. J.H.
mi
lYi
(Y
1996.
Groundwater Chemicals Desk
Reference. CRC Press. Inc:
Sims. R.C.. J.L. Sims and
S.G. Hansen. 1991. Soil
Transport and Fate Database.
Versio n 2.0. EPA Robert S,
Kerr En\ironmental
Laboratory-: and
Other appropriate, published.
Lfii
peer-reviewed and scientificalh
valid data.
Inorganic Constituents:
Soil mg/'kg ^ groundwater standard or
interim standard x 1(20 x soil-water partition
coefficient for
pH of 5Ji ± ■^ +_ (1.733 X ii X Henr>''s
Law Constant (atm.-m'/mole))]
£1} If no groundwater standard or interim
standard has been established under
Rule 2L .0202 of this Subchapter, the
practical quantitation limit should be
used in lieu of a standard to calculate
the soil-to-groundwater maximum
contaminant concentrations.
im
The following references or the most
recent version of these references, in
order of preference, shall be used to
obtain soil-water partition coefficients
and Henry's Law Constants:
UU EPA, 1996. Soil Screening
Guidance :
Background
(EPA 54Q,R95:
Technical
Document.
128l:
Baes. C.F.. UL RD. Sharp.
A.L. Sjoreen. and R.W. Shor.
1984. A Re\iew and Analvsis
of Parameters for Assessing
Transport ot'
Released
Through Agriculture
(III)
(IV)
Environmentally
Radionuclides
Oak
Ridge National Laboratory:
Agency for Toxic Substances
and Disease Registry'.
'Toxicological Profile for
Imdnidual chemicall . " U.S.
Public Health Service:
Sims. R.C.. J.L. Sims and
S.G. Hansen. 1991. Soil
Transport and Fate Database.
Version 2.0. EPA Robert S,
Kerr Environmental
Laboratory: and
(V) Other appropriate, published,
peer-reviewed and scientificalh'
N'alid data,
(n) Analytical procedures for soil samples required under
this Rule shall be as follows:
( 1) soil samples collected from a discharge or release
of low boiling point fuels, including, but not limited
to gasoline, aviation gasoline and gasohol. shall be
analyzed for \olaiile organic compounds and
additi\es using EPA Method 8260. including
isopropyl ether and meth\'l tertiary' but>'l ether:
(2) soil samples collected from a discharge or release
of high boiling point fuels, including, but not
limited to. kerosene, diesel. varsol. mineral spirits.
naphtha. Jet fuels and fuel oil no. 1, shall be
analyzed for volatile organic compounds using EPA
Method 8260 and semavolatile organic compounds
using EPA Method 8270:
(3) soil samples collected from a discharge or release
of hea\-y- fuels shall be anahzed for semivolatile
organic compounds using EPA Method 8270:
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NORTH CAROLINA REGISTER
October 15, 1997
12:8
TEMPORARY RULES
(4) soil samples collected from a discharge or release
of used and waste oil shall be analyzed for volatile
organic compounds using EPA Method 8260.
semivolatile organic compounds using EPA Method
8270. polychlorinated biphenyls using EPA Method
8080. and chromium and lead, using procedures
specified in Subparagraph (6) of this Paragraph:
(5) soil samples collected from any discharge or release
subject to this Rule shall be analyzed for alkane and
aromatic carbon fraction classes using methods
approved by the Director under Rule 2H
.0805(a)(1) of this Chapter:
(6) analytical methods specified in Subparagraphs (1).
(2). (3). and (4) of this Paragraph shall be
performed as specified in the following references
or the most recent version of these references: Test
Methods for Evaluating Solid Wastes:
Phvsical/Chemical Methods. November 1990. U.S.
Environmental Protection Agency publication
number SW-846: or in accordance with other
methods or procedures approved by the Director
under 15ANCAC 2H .0805(a)(1):
(7) other EPA-approved analytical methods may be
used if the methods include the same constituents as
the analytical methods specified in Subparagraphs
(1). (2). (3). and (41 of tins Paragraph and meet the
detection limits of the analytical methods specified
in Subparagraphs ( 1). (2). (3). and H) of this
Paragraph: and
(8) metals and acid extractable organic compounds
shall be eliminated from analyses of soil samples
collected pursuant to this Rule, if these compounds
are not detected in soil samples collected during the
construction of tlie source area monitoring well
required under Subpart (c)(4)(F)(i) of this Rule.
(o) Analytical procedures for groundwater samples
required under this Rule shall be as follows:
(1) groundwater samples collected from a discharge or
release of low boiling point fuels, including, but not
limited to. gasoline, aviation gasoline and gasohol.
shall be analyzed for volatile organic compounds
using Standard Method 6210D or EPA Methods
601 and 602. including .\ylenes. isopropyl ether and
methyl tertiary butyl ether. Samples shall also be
analyzed for ethylene dibromide using EPA Method
504.1 and lead using Standard Method 3030C
preparation. 3030C metals preparation, using a
0.45 micron filter, must be completed within 72
hours of sample collection:
(2) groundwater samples collected from a discharge or
release of high boiling point fuels, including, but
not limited to. kerosene, diesel. varsol. mineral
spirits, naphtha, jet fuels and fuel oil no. 1, shall be
analyzed for volatile organic compounds using EPA
Method 602 and semivolatile organic compounds
plus the 10 largest non-target peaks identified using
EPA Method 625:
(3) groundwater samples collected from a discharge or
release of heavy fuels shall be analyzed for
semivolatile organic compounds plus the K) largest
non-target peaks identified using EPA Method 625:
(4) groundwater samples collected from a discharge or
release of used or waste oil shall be analyzed for
volatile organic compounds using Standard Method
6210D. semivolatile organic compounds plus the 10
largest non-target peaks identified using EPA
Method 625. and chromium and lead using
Standard Method 3030C preparation. 3030C
metals preparation, using a 0.45 micron filter, must
be completed within 72 hours of sample collection:
(5) groundwater samples collected from any discharge
or release subject to tJiis Rule shall be analyzed for
alkane and aromatic carbon fraction classes using
methods approved by the Director under Rule 2H
.0805(a)(1) of this Chapter:
(6) analytical methods specified in Subparagraphs (1).
(2). (3) and l4i of this Paragraph shall be
performed as specified in ttie following references
or tlie most recent version of these references: Test
Procedures for the Analysis of Pollutants under the
Clean Water Act. Federal Register Vol. 49 No.
209. 40 CFR Part 136. October 26. 1984: Standard
Methods for the Examination of Water and
Wastewater, published jointly by American Public
Health Association. American Water Works
Association and Water Pollution Control
Federation: Methods for Determination of Organic
Compounds in Drinking Water. U.S.
Environmental Protection Agency publication
number EPA-600/4-79-020: or in accordance with
other methods or procedures approved by the
Director under 15A NCAC 2H .08Q5(a)(l):
(7) other EPA-approved analytical methods may be
used if the methods include the same constituents as
the analytical methods specified in Subparagraphs
(1). (2). (3). and (4) of this Paragraph and meet the
detection limits of the analytical methods specified
in Subparagraphs (1). (2). (3). and (4) of this
Paragraph: and
(8) metals and acid extractable organic compounds
shall be eliminated from analyses of groundwater
samples collected pursuant to tins Rule, if these
compounds are not detected in tlie groundwater
sample collected from the source area monitoring
well installed pursuant to Subpart (c)(4>(F)(i) of this
Rule.
(p) In accordance with 15A NCAC 2H .0804. laboratories
are required to obtain North Carolina Division of Water
Quality laboratory certification for parameters that are
required to be reported to \he State in compliance with the
State's surface water, groundwater and pretreatment rules.
(q) This Rule shall not relieve any person responsible for
12:8
NORTH CAROLINA REGISTER
October 15, 1997
724
TEMPORARY RULES
assessment or cleanup of contamination from a source other
than a commercial or noncommercial underground storage
tank from its obligation to assess and clean up contamination
resulting from such discharge or releases.
££] If the risk posed by the discharge or release has been
classified by the Department as Class AB under 1995 (Reg.
Sess.. 1996) c^ 648. s^ L. the discharge or release is classified
as high risk under this Rule unless and until the Department
reclassifies the risk posed by the discharge or release, if the
risk posed by the discharge or release has been classified by
the Department as Class CPE under 1995 (Reg. Sess.. 1996)
c^ 648. s^ 1, the discharge or release is classified as low risk
under this Rule unless and until the Department reclassifies
the risk posed by the discharge or release, h shall be the
obligation of the responsible party to notify the Department of
any factors that might affect the level of risk assigned to
Class AB or Class CDE discharges or releases by the
Department. Responsible parties for Class AB discharges or
releases for which a site assessment pursuant to Rule .0106
(c) and igl has been submitted to the Department before the
effective date of this Rule, shall continue to comply with
notices previouslv received from the Department unless and
until the Department determines that application of aU or part
of this Rule IS necessary to protect human health or the
environment or may result in a more cost effective assessment
and cleanup of the discharge or release. If a site assessment
pursuant to Rule .0106 (c) and (g) of this Section has not been
submitted to the Department for a Class AB or Class CDE
discharge or release before the effective date of this Rule, the
responsible party shall comply with Paragraph (c) of this Rule
unless the Department has issued a closure notice for the
discharge or release. For discharges or releases classified as
low risk under this subsection and for which a sue assessment
pursuant to Rule .0106 (c) and [g} of this Section has been
submitted to the Department prior to the effective date of this
Rule, the Department may issue a notification under
Paragraph (h) of this Rule if the responsible party
demonstrates that soil contamination does not exceed
contamination cleanup levels established by the Department in
the "Groundwater Section Guidelines for the Investigation and
Remediation of Soils and Groundwater" (March 1997).
History Note: Authorm- G.S. 143-215.2: 143-215. 3(a)(1);
143-21 5. 94A: 143-21 5. 94E: 143-215.94(7): 143-21 5. 94(V);
143B-282: 1995 (Reg. Sess. 1996) c.648, s.l:
Temporary Adoption Eff. January 2^ 1998.
(Subpart F) have been adopted by reference in accordance
with G.S. 150B-14(c). G.S. 150B-21.6.
(b) Any corrective action undertaken in accordance with
this Section must meet the requirements and standards
specified in I5A NCAC 2L .0106. 2L.
G.S.
History Note: Authorit}'
143B-282(2)(h): 150B-21.6;
Eff. January 1. 1991:
Temporary Amendment Eff. January 2^ 1998
143-215. 3(a)(15);
SUBCHAPTER 2N
UNDERGROUND STORAGE
TANKS
.0707 CORRECTIVE ACTION PLAN
(a) The provisions for a "Corrective action plan" contained
in 40 CFR 280.66 (Subpart F) have been incorporated by
reference including any subsequent amendments and editions
with the exception of the following Paragraph. This material
is available for inspection at the Department of Environment,
Health and Natural Resources, Division of Envi r onmental
Management. Water Quality. Groundwater Section, 5H
No r th Salisbu r y St r eet, 2728 Capital Boulevard . Raleigh,
North Carolina. Copies of 40 CFR Parts 260 to 299 may be
obtained from the Superintendent of Documents, Government
Printing Office, Washington, D.C., 20402 at a cost of thirty-
one dollars (S3 1.00).
(b) 40 CFR 280.66(a) has been rewritten to read: "At any
point after reviewing the information submitted in compliance
with 40 CFR 280.61 through 40 CFR 280.63, the Division
may require owners and operators to submit additional
information or to develop and submit a corrective action plan
for responding to contaminated soils and groundwater. If a
plan is required, owners and operators must prepare a plan in
accordance with the requirements specified in 15A NCAC 2L
.0106 , and submit it according to a schedule and format
established by the Division. Owners and operators are
responsible for submitting a plan that provides for adequate
protection of human health and the environment as
determined by the Division, and must modify their plan as
necessary to meet this standard."
History Note: Authority G.S. 143-215. 3(a)(15); 143B-
282 (2) (h):
Eff. Januar\- 1, 1991;
Temporary' Amendment Eff. January 2. 1998.
SUBCHAPTER 2P - LEAKING PETROLEUM
UNDERGROUND STORAGE TANK
CLEANUP FUNDS
SECTION .0400 - REIMBURSEMENT PROCEDURE
SECTION .0700 - RELEASE RESPONSE AND
CORRECTIVE ACTION FOR UST SYSTEMS
CONTAINING PETROLEUM OR HAZARDOUS
SUBSTANCES
.0701 GENERAL
(a) The "General" provisions contained in 40 CFR 280.60
.0402 CLEANUP COSTS
(a) In determining whether costs expended by an owner or
operator or landowner are reasonable and necessary, the
Division shall consider the following:
(1) Adequacy and cost-effectiveness of any work
performed and technical activity utilized by the
owner or operator or landowner in performing
725
NORTH CAROLINA REGISTER
October 15, 1997
12:8
TEMPORARY RULES
release response, site assessment and corrective
action.
(2) Typical billing rates of engineering, geological, or
other environmental consulting firms providing
similar services in the State as determined by the
Division.
(3) Typical rental rates for any necessary equipment as
determined by the Division. The amount
reimbursed for equipment rental shall not exceed
the typical purchase price of such equipment.
(4) Typical costs or rates of any other necessary
service, labor or expense as determined by the
Division.
(5) Whether costs expended for corrective action were
required by 15 A NCAC 2L.
(b) Expenditures not eligible for reimbursement shall
include the following:
(1) Costs of the removal and disposal of
noncommercial underground storage tanks and
contents removed on or after July 3, 1991, and of
commercial underground storage tanks and contents
removed on or after January 1, 1992;
(2) Costs of the replacement of any underground
storage tank, piping, fitting, or ancillary
equipment;
(3) Costs incurred in preparation of any proposals or
bid by a provider of service for the purpose of
soliciting or bidding for the opportunity to perform
an environmental investigation or cleanup, even if
that provider is ultimately selected to provide the
service solicited;
(4) Interest on any accounts, loans, etc.;
(5) Expenses charged by the owner or operator or
landowner in the processing and management of a
reimbursement application or subsequent claims;
(6) Attorney's fees;
(7) Penalties, fees, and fines assessed by any court or
agency;
(8) Loss of profits, fees, and wages incurred by the
owner or operator or landowner;
(9) Any other expenses not specifically related to
environmental cleanup, or implementation of a cost
effective environmental cleanup, or third party
bodily injury or property damage.
History Note: Authority G.S. 143-215.3: 143-21 5. 94B;
143-21 5. 94D: 143-21 5. 94E; 143-21 5. 94L: 143-21 5. 94T: 143-
215.94V; 143B-282;
Eff. February 1, 1993:
Temporary Amendment Elf. Jamiary 2^ 1998.
*******************
Rule-making Agency: ENR - Coastal Resource Commission
Rule Citation: 15A NCAC 7H .0304 - .0305
Effective Date: October 22, 1997
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 113A-107: 113A-113;
113A-124
Reason for Proposed Action: To designate certain
previously vegetated areas that lost vegetation in Hurricane
Fran as unvegetated beach areas under 15A NCAC 7H .0304
and to establish procedures for determining the setback
measurement lines for these areas under 15A NCAC 7H
.0305.
Comment Procedures: Comments may be submitted in
writing 60 days after the date of publication of the issue of the
North Carolina Register. Written comments may be submitted
to Charles Jones, PO Box 769, Morehead City, NC 28557.
CHAPTER 7 - COASTAL MANAGEMENT
SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS
OF ENVIRONMENTAL CONCERN
SECTION .0300 - OCEAN HAZARD AREAS
.0304 AECs WITHIN OCEAN HAZARD AREAS
The ocean hazard system of AECs contains all of the
following areas:
(1) Ocean Erodible Area. This is the area in which
there exists a substantial possibility of excessive
erosion and significant shoreline fluctuation. The
seaward boundary of this area is the mean low
water line. The landward extent of this area is
determined as follows:
(a) a distance landward from the first line of
stable natural vegetation to the recession line
that would be established by multiplying the
long-term annual erosion rate times 60,
provided that, where there has been no
long-term erosion or the rate is less than two
feet per year, this distance shall be set at 120
feet landward from the first line of stable
natural vegetation. For the purposes of this
Rule, the erosion rates shall be those set
forth in tables entitled "Long Term Annual
Erosion Rates updated through 1986" and
approved by the Coastal Resources
Commission on July 29, 1988 (except as
such rates may be varied in individual
contested cases, declaratory or interpretive
rulings). The tables are available without
cost from any local permit officer or the
Division of Coastal Management; and
(b) a distance landward from the recession line
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October 15, 1997
726
TEMPORARY RULES
established in Sub-Item (l)(a) of this Rule to
the recession line that would be generated by
a storm having a one percent chance of being
equaled or exceeded in any given year.
(2) The High Hazard Flood Area. This is the area
subject to high velocity waters (including, but not
limited to, hurricane wave wash) in a storm having
a one percent chance of being equaled or exceeded
in any given year, as identified as zone VI -30 on
the flood insurance rate maps of the Federal
Insurance Administration, U.S. Department of
Housing and Urban Development. In the absence
of these rate maps, other available base flood
elevation data prepared by a federal, state, or other
source may be used, provided said data source is
approved by the CRC.
(3) Inlet Hazard Area. The inlet hazard areas are
natural-hazard areas that are especially vulnerable
to erosion, flooding and other adverse effects of
sand, wind, and water because of their proximity to
dynamic ocean inlets. This area shall extend
landward from the mean low water line a distance
sufficient to encompass that area within which the
inlet will, based on statistical analysis, migrate, and
shall consider such factors as previous inlet
territory, structurally weak areas near the inlet
(such as an unusually narrow barrier island, an
unusually long channel feeding the inlet, or an
overwash area), and external influences such as
jetties and channelization. The areas identified as
suggested Inlet Hazard Areas included in the report
entitled INLET HAZARD AREAS, The Final
Report and Recommendations to the Coastal
Resources Commission, 1978, by Loie J. Priddy
and Rick Carraway are hereby designated as Inlet
Hazard Areas except that the Cape Fear Inlet
Hazard as shown on said map shall not extend
northeast of the Baldhead Island marina entrance
channel. In all cases, this area shall be an
extension of the adjacent ocean erodible area and in
no case shall the width of the inlet hazard area be
less than the width of the adjacent ocean erodible
area. This report is available for inspection at the
Department of Envi r onment, Health. Environment
and Natural Resources, Division of Coastal
Management, 2728 Capital Boulevard, Raleigh,
North Carolina. Small scaled photo copies are
available at no charge.
(4) Unvegetated Beach Area. Beach areas within the
Ocean Hazard Area where no stable natural
vegetation is present may be designated as an
unvegetated beach area on either a permanent or
temporary basis.
(a) An area appropriate for permanent
designation as an unvegetated beach area
This is a dynamic area that is subject to rapid
unpredictable landform change from wind
and wave action. The areas in this category
shall be designated following detailed studies
by the Coastal Resources Commission.
These areas shall be designated on maps
approved by the Commission and available
without cost from any local permit officer or
the Division of Coastal Management.
(b) An area that is suddenly unvegetated as a
result of a hurricane or other major storm
event may be designated as an unvegetated
beach area for a specific period of time. At
the expiration of the time specified by the
Commission, the area shall return to its pre-
storm designation. Areas appropriate for
such designation are those in which
vegetation has been lost over such a large
land area that extrapolation of the vegetation
line under the procedure set out in Rule
.0305(e) of this Section is inappropriate.
The Commission designates as temporary
unvegetated beach areas those oceanfront areas in
New Hanover. Pender. Carteret and Onslow
Counties in which the vegetation line as shown on
aerial photography dated August 8^ 9 and IT^ 1996.
was destroyed as a result of Hurricane Fran on
September 5^ 1996. This designation shall continue
until such time as stable, natural vegetation has
reestablished or until the area is permanently
designated as an unvegetated beach area pursuant to
Sub-item (4)(a) of this Rule.
History Note: Authority G.S. 113A-107; 113A-113;
113A-124:
Eff. September 9. 1977;
Amended Eff. December 1. 1993; November 1, 1988;
September I, 1986; December I. 1985;
Temporary Amendment Eff. October 10, 1996;
Amended Eff. April 1. 1997;
Temporary Amendtnent Eff. October 10, 1996 Expired;
Temporary Amendment Eff. October 22. 1997.
.0305 GENERAL IDENTIFICATION AND
DESCRIPTION OF LANDFORMS
(a) Ocean Beaches. Ocean beaches are lands consisting of
unconsolidated soil materials that extend from the mean low
water line landward to a point where either:
(1) the growth of vegetation occurs, or
(2) a distinct change in slope or elevation alters the
configuration of the landform, whichever is farther
landward.
(b) Primary Dunes. Primary dunes are the first mounds of
sand located landward of the ocean beaches having an
elevation equal to the mean flood level (in a storm having a
one percent chance of being equaled or exceeded in any given
year) for the area plus six feet. The primary dune extends
landward to the lowest elevation in the depression behind that
same mound of sand (commonly referred to as the dune
727
NORTH CAROLINA REGISTER
October 15, 1997
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TEMPORARY RULES
trough).
(c) Frontal Dunes. The frontal dune is deemed to be the
first mound of sand located landward of the ocean beach
having sufficient vegetation, height, continuity and
configuration to offer protective value.
(d) General Identification. For the purpose of public and
administrative notice and convenience, each designated minor
development permit-letting agency with ocean hazard areas
may designate, subject to CRC approval, a readily
identifiable land area within which the ocean hazard areas
occur. This designated notice area must include all of the
land areas defined in Rule .0304 of this Section. Natural or
man-made landmarks may be considered in delineating this
area.
(e) "Vegetation Line" means the first line of stable natural
vegetation, which shall be used as the reference point for
measuring oceanfront setbacks. This line represents the
boundary between the normal dry-sand beach, which is
subject to constant flux due to waves, tides, storms and wind,
and the more stable upland areas. It is generally located at or
immediately oceanward of the seaward toe of the frontal dune
or erosion escarpment. In areas where there is no stable
natural vegetation present, this line shall be established by
connecting or extending the lines from the nearest adjacent
vegetation on either side of the site and by extrapolating (by
either on-ground observation or by aerial photographic
interpretation) to establish the line. In areas within the
boundaries of a large scale beach nourishment or spoil
deposition project, the vegetation line that existed before
commencement of the project shall be used as the vegetation
line for determining oceanfront setbacks after the project is
completed. A project shall be considered large scale when:
(1) it places more than a total volume of 200,000 cubic
yards of sand at an average ratio of more than 50
cubic yards of sand per linear foot of shoreline, or
(2) it is a Hurricane Protection project constructed by
the U.S. Army Corps of Engineers.
(f) "Erosion Escarpment" means normal vertical drop in
the beach profile caused from high tide or storm tide erosion.
(g) Measurement line means the line from which the
oceanfront setback as described in Rule .0306(a) of this
Section is measured in the unvegetated beach area of
environmental concern as described in Rule .0304(4) of this
Section. Procedures for determining the measurement line in
areas designated pursuant to Rule .0304(4)(a) of this Section
shall be adopted by the Commission for each area where such
a line is designated pursuant to the provisions of G.S. 150B.
These procedures shall be available from any local permit
officer or the Division of Coastal Management. In areas
designated pursuant to Rule .0304(4)(b) of this Section, the
Division of Coastal Management shall establish a
measurement line that approximates the location at which the
vegetation line is expected to reestablish by:
(1) determining the distance the vegetation line receded
at the closest vegetated site to the proposed
development site: and
(2) locating the line of stable natural vegetation on the
most current pre-storm aerial photography of the
proposed development site and moving this line
landward the distance determined in Subparagraph
(g)(1) of this Rule.
The measurement line established pursuant to this process
shall in every case be located landward of the average width
of the beach as determined from the most current pre-storm
aerial photography.
History Note: Authority G.S. 113A-107; 113A-1 13 (b)(6);
113A-124;
Eff. September 9, 1977;
Amended Eff. December 1. 1992; September 1, 1986;
December 1. 1985; February 2, 1981;
Temporary Amendment Eff. October 10, 1996;
Amended Eff. January 1, 1997;
Temporary Amendment Eff. October 10, 1996 Expired;
Temporar\- Amendment Eff. October 22. 1997.
Rule-making Agency: North Carolina Wildlife Resources
Commission
Rule Citation: 75.4 A^C^C lOF .0355
Effective Date: October 1, 1997
Findings Reviewed by Julian Mann: Approved
Authority for the rule-maliing: G.S. 75A-3; 15A-15
Reason for Proposed Action: To protect public safety by
regulating vessel speeds in congested areas pursuant to
authoriry conveyed by S.L. 1997-0403.
Comment Procedures: The North Carolina Wildlife
Resources Commission has the authority to adopt temporary
rules pursuant to S.L. 1997-0403. This temporary rule is
adopted following the public hearing and public comment
period established for permanent rule adoption. A public
hearing was held on July 18, 1997 for the permanent rule and
the record of hearing for public comment was closed on
August 1, 1997. The submission for pertrmnent rule is on file
with the Rules Review Commission.
CHAPTER 10 - WILDLIFE RESOURCES AND WATER
SAFETY
SUBCHAPTER lOF - MOTORBOATS AND WATER
SAFETY
SECTION .0300 - LOCAL WATER SAFETY
REGULATIONS
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NORTH CAROLINA REGISTER
October 15, 1997
728
TEMPORARY RULES
(1)
(2)
(3)
ii)
.0355 PERQUIMANS COUNTY
(a) Regulated Areas. This Rule applies to the following
waters:
Perquimans River: the canals of Holiday Island;
Perquimans River: within 50 yards of the Hertford
City Boat Ramp;
Perquimans River: within 75 yards of the
Perquimans River Bridge on U.S. 17 Business also
known as the Hertford S-Shaped B r idge. Bridge;
Yeopim River: within 75 yards of the Albemarle
Plantation Marina Piers.
(b) Speed Limit. No person shall operate any motorboat
or vessel at greater than no-wake speed within the regulated
area described in Paragraph (a) of this Rule.
(c) Placement and Maintenance of Markers. The Board of
Commissioners of Perquimans County is designated a suitable
agency for placement and maintenance of markers
implementing this Rule.
History- Note: Authority G.S. 75A-3; 75A-15;
Eff. November 1, 1998:
Amended Eff. October 1, 1992:
Temporary Amendment Eff. October 1. 1997.
TITLE 19A - DEPARTMENT OF TRANSPORTATION
Rule-making Agency: Department of Transportation -
Division of Motor Vehicles
Rule Citation: 19A NCAC 03D .0525
Effective Date: November 1, 1997
Findings Reviewed by Beecher Gray: Determined that the
agency did not meet criteria for the temporary nde. Agency
resubmitted rule for entry into the code pursuant to G.S.
150B-2 1.1(b).
Authority for the rule-making: G.S. 20-2; 20-39; 20-54;
20-183.2: 20-183. 6A
Reason for Proposed Action: The Division of Motor
Vehicles currently tracks emission inspections through
computer data entered by the inspection mechanics. The
proposed nde will require all emissions inspection stations to
purchase bar-code scanners which will correcilx match
vehicle identification numbers with bar codes on vehicle
registration cards.
Comment Procedures: Any interested person may submit
written comments on the proposed nde by mailing the
comments to Emilx Lee, Department of Transportation. PO
Box 25201. Raleigh. NC 27611. within 30 da\s after the
notice of text is published.
CHAPTER 3 - DIVISION OF MOTOR VEHICLES
SUBCHAPTER 3D - ENFORCEMENT SECTION
SECTION .0500 - GENERAL INFORMATION
REGARDING SAFETY INSPECTION OF
MOTOR VEHICLES
.0525 PRE-INSPECTION REQUIREMENTS
Prior to performing an inspection, the inspection mechanic
shall:
(1)
(2)
(3)
(4)
Have all occupants leave the vehicle.
Require the operator to produce the current
registration card to the vehicle.
Print or write legibly, use a ball point pen, and list
the license plate number, serial number, mileage,
number of cylinders, make, year and other required
information for the vehicle on the Receipt and
Statement (Form No. SI-I5) if the inspection is
performed by the safety equipment inspection
mechanic. If the vehicle does not have a license
plate, "none" shall be indicated. If inspected for a
dealership, the dealer sticker number shall be
indicated.
Enter all information if the inspection is performed
by the safety equipment exhaust emission inspection
mechanic as requested by the analyzer. AU vehicle
identification numbers entered into the NCAS-90
analyzer shall be entered through a "one
dimensional" (ID) bar-code scanner capable of
reading vehicle identification numbers and
information printed on vehicle registration cards.
A station's failure to maintain an operating bar-
code scanner shall result in DMV suspending a
station's inspection operations until the station has a
properly functioning bar-code scanner. In the event
the vehicle identification number is not readable by
the bar-code scanner or is not printed on the
registration card, the station shall enter the
information by scanning the public vehicle
identification number through the vehicle
windshield or off of the driver side door or door
post. If the vehicle identification number caimot be
scanned through any of the methods listed in this
Rule, it may be manually entered by entering the
vehicle identification number correctly twice
through manual keyboard entrv'. Stations must
achieve a match rate to the registration data base of
95% or greater. Failure to maintain a 95% match
rate for more than three months of a calendar year
shall result in a Type U penalty.
Histor\' Note: Authority G.S. 20-2; 20-39; 20-183.2; 20-
183.6A;
Eff. October 1. 1994;
Codifier determined that agency did not meet criteria for
temporary nde Eff. September 24. 1997;
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NORTH CAROLINA REGISTER
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TEMPORARY RULES
Temporary Amendment Elf. November 1. 1997.
TITLE 21 - OCCUPATIONAL LICENSING
BOARDS
CHAPTER 26 - NORTH CAROLINA BOARD OF
LANDSCAPE ARCHITECTS
Rule-making Agency: Licensing Board of Landscape
Architects
Rule Citation: 21 NCAC 26 .0104 - .0105, .0302, .0506 -
.0509
Effective Date: October 1, 1997
Findings Reviewed and Approved by: Beecher R. Gray
Authority for the rule-making: G.S. 89A
Reason for Proposed Action: Changes mandated by a
rewritten G.S. 89A. Changes made to adjust to revised
N.C.G.S. 89A enacted by 1997 Session of the North Carolina
General Assembly.
Comment Procedures: Comments may be mailed to the
North Carolina Board of Landscape Architects, P.O. Box
41225, Raleigh, NC 27629.
SECTION .0100 - STATUTORY AND
ADMINISTRATIVE PROVISIONS
.0104 FORMS
Forms used by the board, and available from the board
office upon request, include the following:
(1) Application for Registration as Landscape
Architect,
(2) Application for Corporate Certificate of
Registration,
(3) Ap p lication fo r Tempo r a r y Pe r mit,
(3) f4)Application for Renewal of Certificate,
(4) (5)Application for Renewal of Corporate
Certificate.
History Note: Authority G.S. 89A-3(c); 1508-11(1);
Eff. February 1. 1976:
Readopted Eff. September 30. 1977:
Temporary Amendment Eff. October 1. 1997.
.0105 FEES
(a) Application fees shall be one hundred dollars
($100.00).
(b) The Ce r tificate of Pe r mit fo r a tem p o r a r y p e r mit shall
be one hund r ed fifty dolla r s ($150.00).
£blfe) Examination fees shall be four hundred fifty dollars
($450.00) for a complete examination, and shall be paid prior
to the examination.
(c)ftf> Fees for portions of examinations will be based on
the actual charges to the board for procuring, administering
and grading the portion of the exam. The fees shall be paid
prior to the examination.
£d}te) The fee for license by reciprocity shall be one
hundred fifty dollars ($150.00).
(e)ffi The fee for a corporate certificate of registration
shall be two hundred dollars ($200.00).
(Htg) The fee for the armual renewal of any certificate of
registration shall be one hundred dollars ($100.00).
Iglfh) Annual renewal fees received after July 1 of each
year shall be subject to the assessment of a late payment
penalty according to the following schedule;
(1) After July 1 - ten dollars ($10.00);
(2) After September 1 - fifteen dollars ($15.00);
(3) After October 1 - twenty dollars ($20.00);
(4) After November 1 - twenty five dollars ($25.00);
(5) After December 1 - thirty dollars ($30.00);
(6) After January 1 - thirty five dollars ($35.00);
(7) After February 1 - forty dollars ($40.00);
(8) After March 1 - forty five dollars ($45.00);
(9) After April 1 - fifty dollars ($50.00).
(h)<T) The fee for re-issue of a lost or damaged certificate
or permit is ten dollars ($10.00).
History Note: Authority G.S. 89A-3(c); 89A-6;
Eff. February 1, 1976:
Readopted Eff. September 30, 1977;
Amended Eff December 1, 1994; June 1. 1991; April 1,
1990; July 1. 1989;
Temporary Amendment Eff. October 1. 1997.
SECTION .0300 - EXAMINATION AND
LICENSING PROCEDURES
.0302 TEMPORARY PERMIT
The — board — may — issue — tem p o r ary — permits — p ending
examination. The boa r d will conside r the education, t r aining
and ex p e r ience of the a pp licant. No tem p o r a r y pe r mit will be
issued o r r enewed fo r mo r e than one yea r o r two examination
dates, whicheve r is longer.
History Note: Authority G.S. 89A-3(c); 89A-4(c);
Eff. February 1, 1976;
Readopted Eff. September 30, 1977;
Amended Eff. October 1. 1988;
Temporary Repealed Eff . October 1. 1997.
SECTION .0500 - BOARD DISCIPLINARY
PROCEDURES
.0506 IMPROPER PRACTICE BY A REGISTRANT
(a) Preferring Charges. Any person who believes that any
licensed professional Landscape Architect or firm holding a
12:8
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October 15, 1997
730
TEMPORARY RULES
certificate of authorization is in violation of the provisions of
G.S. 89A or the rules in this Chapter may prefer charges
against that person or firm by setting forth in writing those
charges and swearing to their authenticity. The charges are to
be filed at the Board's office in Raleigh. North Carolina.
(b) Preliminary Review:
( 1) Upon-receipt of a properly filed charge, an
investigation shall be initiated.
(2) A written notice and explanation of the charge shall
be forwarded to the person or firm against whom
the charge is made and a response is requested of
the person or firm so charged to show compliance
with al] lawful requirements for retention of the
license. Notice of ilie charge and of tlie alleged
facts or alleged conduct shall be given personally or
by certified mail, return receipt requested.
£3} In tlie discretion of the secretary, a field
investigation may be performed.
(4) After preliminary evidence has been obtained, the
matter shall be referred to tlie Board's re\iew
committee which is made ug 2f Ibs following
individuals:
(A) one member of tlie Board.
(B) the legal counsel of the Board, and
(C) the secretary of the Board.
£5] Upon review of tlie available evidence, the review
committee shall present to the Board a written
recommendation that:
(A) that the charge be dismissed as unfounded or
trivial:
(B) when the charge is admitted as true, the
Board accept the admission of guilt by the
person charged and order him not to commit
in tlie future the specific act or acts admitted
by him and, also, not to violate any of the
acts of misconduct specified in the [aw at any
time in tlie future: or
(C) the charge, whether admitted or denied, be
presented to tlie M] Board for a hearing and
determination by ilie Board on the merits of
the charge in accordance with the substantive
and procedural requirements of the
provisions of Rule .0506 of this Chapter and
the pro\isions of G.S. 150B.
(c) Board Decision. Notice of the decision by the Board on
recommendations of tlie re\iew committee shall be given to
the pam against whom the charges have been brought and the
part)' submitting the charge.
(d) Settlement Conference. When the Board issues a
citation for hearing or notice of a decision without hearing,
the registrant ma\' request in writing a settlement conference
to pursue resolution of tlie issue(s) through informal
procedures. If after the completion of a settlement conference
the registrant and Board's settlement committee do not agree
to a resolution of tlie dispute for the full Board's
consideration, the original administrative proceeding shall
commence. During the course of tlie settlement conference.
no sworn testimony shall be taken nor shall any witnesses be
cross-examined.
( 1) The Board's settlement committee shall be made up
of the following individuals:
fA) the member of tlie Board who served on the
review committee,
one public member from the Board.
the legal counsel of tlie Board, and
the secretary of tlie Board,
review of the available evidence, the
Ol
(Ei
Upon
settlement committee shall present to the Board a
written recommendation that:
(A) the charge be dismissed as unfounded or
trivial:
(B) when the charge is admitted as true, the
Board accept the admission of guilt by the
person charged and order the person not to
commit in the future the specific act or acts
admitted and, also, not to violate any of the
acts of misconduct specified in the law at any
time in tlie future: or
(C) the charge, whether admitted or denied, be
presented to tlie ful] Board for a hearing and
determination by the Board on the merits of
the charge in accordance with the substantive
and procedural requirements of the
provisions of Rule .0506 of this Chapter and
the provisions of G.S. 150B.
History Note: Authority G.S. 89A-3-(c); 89A-3A;
Temporary Adoption Eff. October 1. 1997.
.0507 GENERAL RULES
Whenever the Board, by its official action, acts in such a
way as toi affect the rights, duties, or privileges of a specific
identified party, that party, upon request: will be given an
administrative hearing.
History Note: Authority G.S. 89A-3-(c); 89A-3A;
Temporary Adoption Eff. October 1. 1997.
.0508 OPPORTUNITY FOR LICENSEE OR
APPLICANT TO HAVE HEARING
Every licensee or applicant for a license shall be afforded
notice and an opportunity to be heard on any action, the effect
of which would be:
( 1) to den\' permission to take an examination for
licensing for which application has been duly made.
(2) to den\' a license based on comity.
(3) to deny a license after an applicant has taken and
passed an examination.
(4) to require re-examination for licensing.
(5) to withhold the renewal of a license for any cause
other than failure to pay a statutory renewal fee.
(6) to suspend a license.
(7) to revoke a license.
(8) to impose a civil penalty, or
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NORTH CAROLINA REGISTER
October 15, 1997
12:8
TEMPORARY RULES
(9) to issue a reprimand.
Hislory Note: Authority G.S. 89A-3-(c): 89A-3A;
Temporary Adoption Eff. October 1. 1997.
.0509 CONDUCT OF CONTESTED CASE
(a) Failure to Appear:
(1) If a party served with notice requests a hearing
within the time required and fails to-appear without
having notified the Board, and no continuance or
adjournment is ordered, the party shall be
considered to have waived his right to appear at the
hearing and the Board may proceed with the
hearing in the party's absence.
(2) If the absent party is the only party other than the
Board, the Board may proceed with the hearing and
make its decision in the party's absence.
(3) Continuances and adjournments shall be granted to
a party only in compelling circumstances such as
illness or other undue hardships that prevent the
partv from appearing.
(4} If a hearing js conducted or a decision reached in
the absence of a partv. he may petition the Board
for a reopening of the case. Petitions shall not be
granted, except when petitioner can show that the
reasons for his failure to appear were justifiable and
that fairness requires reopening of tlie case. The
decision made by the Board shall be in writing. A
copy shall be sent to the petitioner and made a part
of the record of the contested case.
(b) Simplification of Issues. The parties to a contested
case may agree in advance to simplify the hearing by
eliminating issues to be contested at tlie hearing, accepting
the validity of certain proposed evidence, accepting the
findings in some other case with relevance to the case at
hand, or agreeing to such otiier matters as may expedite the
hearing.
(c) Subpoenas:
(1) The secretary may issue subpoenas in the Board's
name.
(2) Subpoenas requiring the attendance of witnesses.
or those to produce documents, evidence or
things, will be issued by tlie secretary within five
business days of tjie receipt of request from a
party to tlie case for such subpoena.
131
£4}
Any person receiving a subpoena from the Board
may object thereto by filing a written objection to
the subpoena with the Board. Such objection
must include a concise, but complete statement of
reasons why the subpoena should be revoked or
modified. These reasons may include lack of
relevancy of the evidence requested, lack of
particularity in tlie description of the evidence
sought, or any other reasons sufficient in law for
holding the subpoena invalid, such as that the
evidence is privileged, that appearance or
production would be so disruptive as to be
unreasonable in light of the significance of the
evidence sought, or other undue hardships.
The objecting witness shall serve his objection on
the party who requested the subpoena as soon as
he files the objection with the Board. The party
requesting the subpoena, within 30 days of
receipt of the objection, may file a written
response to the objection. The response shall be
served in like manner as the objection.
After receipt of the objection and response
thereto, if any, the Board shall issue a notice to
the party who requested and the party challenging
the subpoena, and may notify all other parties of
an open hearing, to be scheduled as soon as
practicable, at which time evidence and testimony
may be presented limited to tlie questions raised
by tlie objection and response, if any.
Promptly after the close of such hearing, the
Board shall rule on the challenge and issue a
written decision. A copy of this decision shall be
issued to all parties and made a part of the
record.
Hislory Note: Authority G.S. 89A-3-(c); 89A-3A;
Temporary Adoption Elf. October 1. 1997.
£5]
£6}
12:8
NORTH CAROLINA REGISTER
October 15, 1997
732
RULES REVIEW COMMISSION
1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursdaw October 16. 1997.
10:00 a.m. . at 1 307 Glenwood Ave. , Assembly Room. Raleigh, NC. Anyone wishing to submit written comment on any
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual
Commissioners by Monday. October 13. 1997. at 5:00 p.m. Specific instructions and addresses may be obtained from
the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify' the RRC staff
and the agency at least 24 hours prior to the meeting.
RULES REVIEW COMMISSION MEMBERS
Appointed by Senate
Philip O. Redwine - Chairman
Jim Funderburke
Vernice B. Howard
Teresa L. Smallwood
David Twiddy
Appointed by House
Paul Powell - Vice Chairman
Mark Garside
Steve Rader
George Robinson
Anita White
RULES REVIEW COMMISSION MEETING DATES
October 16, 1997
November 20, 1997
December 18, 1997
MEETING DATE: OCTOBER 16, 1997
LOG OF FILINGS
RULES SUBMITTED: AUGUST 20, 1997 THROUGH SEPTEMBER 20, 1997
AGENCY/DIVISION
RLXE NAME
DHHS/DIVISION OF FACILITY SERVICES
Definitions
Investigation and Reporting
Medical Orders
Definitions
Level I Trauma
Level II Trauma
Level III Trauma
Submission of Request
Initial Designation
Renewal Designation
Denial, Probation, Voluntary Withdrwl
Procedures
Misrepresentation
State Trauma System Plan
Regional Trauma System Plan
Regional Trauma System Policy
Source of Forms
DHHS/DIVISION OF MEDICAL ASSISTANCE
Medicaid Criteria/Continued Acute Stay 10 NCAC 26B .0113
RULE
ACTION
10 NCAC 33
.1001
Adopt
10 NCAC 33
.1002
Adopt
10 NCAC 3C
.3707
Amend
10 NCAC 3D
.2001
Adopt
10 NCAC 3D
.2101
Adopt
10 NCAC 3D
.2102
Adopt
10 NCAC 3D
.2103
Adopt
10 NCAC 3D
.2104
Adopt
10 NCAC 3D
.2105
Adopt
10 NCAC 3D
.2106
Adopt
10 NCAC 3D
.2201
Adopt
10 NCAC 3D
.2202
Adopt
10 NCAC 3D
.2203
Adopt
10 NCAC 3D
.2301
Adopt
10 NCAC 3D
.2302
Adopt
10 NCAC 3D
.2303
Adopt
10 NCAC 3D
.2401
Adopt
Adopt
(
733
NORTH CAROLINA REGISTER
October 15, 1997
12:8
RULES REVIEW COMMISSION
DENR/SOIL & WATER CONSERVATION COMMISSION
Best Management Practices
Cost Share
Technical Assistance Funds
Cost Share Agreement
District Program Operation
DENR/COASTAL RESOURCES COMMISSION
AECs within Ocean Hazard Areas
General Identification
15A NCAC 6E
.0104
Amend
15A NCAC 6E
.0105
Amend
15A NCAC 6E
.0106
Amend
15A NCAC 6E
.0107
Amend
15A NCAC 6E
.0108
Amend
15A NCAC 7H
.0304
Amend
15A NCAC 7H
.0305
Amend
DENR/WILDLIFE RESOURCES COMMISSION
Perquimans County
15A NCAC lOF .0355
Amend
DENR/COMMISSION FOR HEALTH SERVICES
Permits
15ANCAC 18A .1937
Amend
Responsibilities
15ANCAC 18A .1938
Amend
Non-Ground Absorption Sewage
15ANCAC 18A .1958
Amend
Maintenance of Sewage Systems
15ANCAC 18A .1961
Amend
Reportable Diseases
15A NCAC 19A .0101
Amend
Method of Reporting
15A NCAC 19A .0102
Amend
Control Measures - General
15A NCAC 19A .0201
Amend
Control Measures - Hepatitis B
15A NCAC 19A .0203
Amend
Control Measures - Tuberculosis
15A NCAC 19A .0205
Amend
Determination of Financial Eligibility
15 A NCAC 24 A .0202
Amend
STATE BOARD OF EDUCATION
Certificate Renewal
16 NCAC 6C
.0307
Amend
Graduation Requirements
16 NCAC 6D
.0103
Amend
Testing Requirements
16 NCAC 6D
.0301
Amend
Accountability Coordinator
16 NCAC 6D
.0303
Amend
End of Course Tests
16 NCAC 6D
.0305
Adopt
Testing Code of Ethics
16 NCAC 6D
.0306
Adopt
Dispute Resolution Process
16 NCAC 6G
.0304
Adopt
Annual Performance Standards
16 NCAC 6G
,0305
Adopt
Identification
16 NCAC 6G
.0306
Adopt
Assistance Teams
16 NCAC 6G
.0307
Adopt
Due Process Protections
16 NCAC 6G
.0308
Adopt
Suspension of Powers
16 NCAC 6G
.0309
Adopt
Definitions
16 NCAC 6G
.0401
Repeal
Improvement Plans
16 NCAC 6G
.0402
Repeal
Caretaker Administrators
16 NCAC 6G
.0403
Repeal
Termination
16 NCAC 6G
.0404
Repeal
IRANSPORTATION/DIVISION OF HIGHWAYS
Railroad Grade Crossings
19A NCAC 2B .0242
Adopt
NC Route Numbers
19A NCAC 23 .0303
Amend
RULES REVIEW OBJECTIONS
COMMERCE
Credit Union Division
4 NCAC6C .0407 - Business Loans
Agency Revised Rule
RRC Objection
Obj. Removed
08/21/97
09/18/97
12:8
NORTH CAROLINA REGISTER
October 15, 1997
734
RULES REVIEW COMMISSION
DENTAL EXAMINERS
21 NCAC 161 .0001 - Applications
21 NCAC 16M .0003 - Primary Source Verification Fee
RRC Objection
RRC Objection
09/18/97
09/18/97
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Coastal Resources Commission
15A NCAC 7H .0208 - Use Standards
Agency Revised Rule
15A NCAC 7H .1204 - General Conditions
Agency Revised Rule
Environmental Management
15A NCAC 2H .0225 - Conditions for Issuing General Permits
Agency Revised Rule
Water Pollution Controls Systems
15A NCAC 8F .0201 - Duties and Requirements of O^vners
15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge
N.C. HOUSING nNANCE AGENCY
24 NCAC IP .0103 - Types of Assistance
Agency Revised Rule
RRC Objection
08/21/97
Obj. Removed
09/18/97
RRC Objection
08/21/97
Obj. Removed
09/18/97
RRC Objection
07/17/97
Obj. Removed
08/21/97
RRC Objection
09/18/97
RRC Objection
09/18/97
RRC Objection
07/17/97
Obj. Removed
08/21/97
HUMAN RESOURCES
Facility Services
10 NCAC 3R .3033 - Open Heart Surgery Services Need Determinations (Rev. Cat. H)
Agency Revised Rule
RRC
Objection
01/16/97
Obj.
Cont'd
02/20/97
Obj.
Cont'd
03/20/97
Obj.
Cont'd
06/19/97
Obj.
Cont'd
07/17/97
Obj.
Removed
08/21/97
Medical Assistance
10 NCAC 26B .0113 - NC Medicaid Criteria/Cont'd Acute Stay /Inpatient Psych. Facility
Rule Withdrawn by Agency
09/18/97
Social Services Commission
10 NCAC 42J .0005 - Funding for Medical Services
Agency Revised Rule
RRC Objection
Obj. Removed
08/21/97
09/18/97
TRANSPORTATION
Division of Highways
19A NCAC2B .0164 - Use of Right of Way Consultants
Agency Revised Rule
RRC Objection
Obj. Removed
07/17/97
08/21/97
735
NORTH CAROLINA REGISTER
October 15, 1997
12:8
CONTESTED CASE DECISIONS
I his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an
index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act.
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by
contacting the Office of Administrative Hearings, (919) 733-2698.
OFFICE OF ADMINISTRATIVE HEARINGS
Chief Administrative Law Judge
JULIAN MANN, III
Senior Administrative Law Judge
FRED G. MORRISON JR.
ADMINISTRA TIVE LA W JUDGES
Brenda B. Becton
Sammie Chess Jr.
Beecher R. Gray
Meg Scott Phipps
Robert Roosevelt Reilly Jr.
Dolores O. Smith
AGENCY
ADMINISTRATION
E. Edward Gamblll v. Department of Administration
ALCOHOLIC BEVERAGE CONTROL COMMISSION
Michael's Mini Mart v. Alcoholic Beverage Control Commission
Everetie Craig Hornbuckle v. Alcoholic Beverage Control Commission
Saleh Ahmed All Futhah v. Alcoholic Beverage Control Commission
Carolyn T. Ray v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Fast Fare, Inc.
Alcoholic Beverage Control Commission v. Mendoza Enterprises, Inc.
Alcoholic Beverage Control Commission v. Paradise Landing, Inc.
OFFISS, Inc v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Altaf Hussain
Alcoholic Beverage Control Commission v. Robert Johnson
Alcoholic Beverage Control Commission v. Masonboro County Store, Inc.
Daniel Gary Ledbetier v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen
Alcoholic Beverage Control Commission v. Bridgette Dee Williams
Alcoholic Beverage Control Commission v, Westside Tavern, Inc.
Alcoholic Beverage Control Commission v. Grove Park Inn Resort, Inc.
CORRECTION
David M. Boone v. Correction. Div. of Prison Admin. Remedy Procedure
CRIME CONTROL AND PUBLIC SAFETY
Delia Sherrod v. Crime Victims Compensation Commission
Mary A. Kearney v. CPS, Victims Compensation Commission
Beverly McLaughlin v. Crime Victims Compensation Commission
Malcolm W. Fields v. Crime Victims Compensation Commission
Rodney P. Hodge v. Crime Victims Compensation Commission
Billy Steen v. Crime Victims Compensation Commission
Clifford R. Pulley v. Crime Victims Compensation Commission
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
Linda Collie v. Lenoir County Health Department
Leroy Anderson v. County of Moore Department of Health
EH. Garner v. New Hanover Health Department
Robert E. Cahoon v. Carteret County Health Department
CASE
NUMBER
AU
97 DOA 0364
Reilly
92 ABC 1601
Gray
93 ABC 0987
Gray
94 ABC 0264
Gray
95 ABC 0429
Gray
96 ABC 0483
Morrison
96 ABC 1196
Gray
97 ABC 0031
Gray
97 ABC 01 18
Gray
97 ABC 0312
Mann
97 ABC 0321
Gray
97 ABC 0432
Reilly
97 ABC 0443
Gray
97 ABC 0495
Morrison
97 ABC 0576
Phipps
97 ABC 0586
Phipps
97 ABC 0706
Morrison
97 DOC 0534
Morrison
96 CPS 0300
Chess
96 CPS 2033
Becton
97 CPS 0170
Phipps
97 CPS 0360
Chess
97 CPS 0449
Reilly
97 CPS 0472
Morrison
97 CPS 0523
Gray
96 EHR 0264
Becton
96EHR 1969
Morrison
96 EHR 1972
Gray
97 EHR 0878
Becton
DATE OF
DECISION
09/10/97
08/18/97
08/18/97
08/18/97
09/23/97
06/18/97
08/26/97
06/13/97
09/17/97
07/29/97
08/25/97
09/09/97
07/08/97
09/24/97
09/04/97
09/17/97
09/15/97
06/16/97
07/18/97
09/26/97
08/29/97
09/12/97
07/01/97
07/23/97
08/06/97
07/16/97
07/15/97
08/07/97
09/30/97
PUBLISHED DECISION
REGISTER CITATION
12:07 NCR 609
12:03 NCR 223
12:8
NORTH CAROLINA REGISTER
October 15, 1997
736
CONTESTED CASE DECISIONS
AGENCY
Peier D- McDowell. Sr. v. New Hanover Health Depanmeni
Riggings Homeowners Assoc. Inc. v Environment. Health. & Natural Res.
John Ronald Taylor v Environment. Health, & Natural Resources
Rick Parker v Pitt County Health Dept.'Mr. Ernie Nichols
James R. Melvin v. Environment and Natural Resources
Environmental Management
Henry G Dail. Dail Brothers v EHNR. Environmental Management
Maternal and Child Health
Evan's Mini Mart v EHNR, Maternal & Child Health. Nutrition Svcs Sec,
Solid Waste Management
LoieJ. Priddy v. Division ol Solid Waste Management. EHNR
Water Quality
Castle Hayne Steering Committee v EHNR. Division of Water Quality
and
New Hanover County Water and Sewer District
RAYCO Utilities. Inc , Briarwood WWTP v EHNR. Div of Water Quality
HUMAN RESOURCES
John & Veronica Spearman v Department of Human Resources
New Beginnings Christian Academy v. Department of Human Resources
Cindy G. Geho v Office of Administrative Hearings. R Marcus Lodge
Helen Wyman v. Department of Human Resources
DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v
Buncombe County Partnership for Children. Inc . a NC Nonprofit Corp..
NC Department of Human Resources [Division of Child Development!.
NC Department of Environment. Health, and Natural Resources [Division
of Maternal and Child Health)
Linda Rouse Sharp v Department of Human Resources
Ocelee Gibson v. Deparunent of Human Resources
Rita Faircloth v. Department of Human Resources
Division of Child Development
New Hanover Cty. Comm Action v. DHR. Division of Child Development
Cindy G Geho v Human Resources, Division of Child Development
Division of Facility Services
Ava McKinney v DHR. Division of Facility Services
Mercy Egbuleonu v DHR, Facility Svcs. Health Care Personnel Reg Sec
Mercy Egbuleonu v Human Resources. Division of Facility Services
Kizzie Cooper v DHR, Facility Svcs, Health Care Personnel Registry Sec
Maggie J- Barnhill v. DHR, Facility Svcs. Health Care Pers. Reg. Sec.
Emma Faison v DHR, Division of Facility Services
Patricia Addison v. DHR, Facility Svcs, Health Care Personnel Reg. Sec.
Selena Louise Holley v DHR, Facility Svcs. Health Care Persl Reg. Sec.
Claudia K Thomerson v. DHR. Facility Svcs, Health Care Pers. Reg Sec.
Michelle R. Griffin v, DHR, Facility Svcs. Health Care Pers. Reg Sec.
Deborah L. McBurnie v. DHR. Facility Svcs. Health Care Pers. Reg Sec.
Kelly M Poole v DHR, Facility Svcs, Health Care Pers Reg. Sec.
Debbie Williams V DHR, Fac Svcs, Health Care Pers Reg Sec.
Therese Victoria Wilson v DHR, Fac Svcs. Health Care Pers. Reg. Sec.
Notisha Utley v. DHR, Fac. Svcs, Health Care Pers Reg Sec.
Helen T Shokoti v Human Resources, Division of Facility Services
Jen L .\nderson v Human Resources, Division of Facility Services
Susie A. Milsap v DHR, Facility Svcs. Health Care Pers. Reg Sec.
Glenda Christine Taylor v DHR, Facility Svcs. Health Care Pers. Reg. Sec.
Angela D Johnson v DHR. Facility Svcs. Health Care Pers Reg. Sec
Cressie D. Meats v DHR. Division of Facility Services
Mane Emma Wimbush v DHR, Facility Svcs, Health Care Pers Reg, Sec.
Tamara Green v DHR, Fac. Svcs, Health Care Pers Reg Sec
Jean Rossman v. DHR. Facility Svcs. Health Care Pers Reg Sec.
Lorena Barbour v DHR, Facility Svcs, Health Care Pers Reg Sec,
Certificate of Need Section
Carolina Imaging, Inc'Fayetteville v DHR. Facility Svcs. Cert/Need Sec.
and
Cumberland Cty Hospital System. Inc.. d/b/a Cape Fear Valley Med. Clr,
CASE
DATE OF
PUBLISHED DECISION
NUMBER
AU
DECISION
REGISTER CITATION
96 EHR 2075
Gray
08/07/97
97 EHR 0263
Reilly
08/13/97
97 EHR 0275
Reilly
06/09/97
97 EHR 0470
Phipps
07/01/97
97 EHR 0682
Phipps
09/23/97
96 EHR 2104
Gray
08/27/97
97 EHR 0599
Phipps
07/14/97
96 EHR 1838
Morrison
06/20/97
12:02 NCR 103
96 EHR 1731
Mann
06/30/97
97 EHR 0018
Chess
09/12/97
96 DHR 1543
Chess
09/12/97
96 DHR 1925
Reilly
08/22/97
97 DHR 0286
Chess
07/23/97
97 DHR 0407
Reilly
08/08/97
97 DHR 0424
Morrison
09/22/97
97 DHR 0610
Mann
08/28/97
97 DHR 0658
Reilly
07/22/97
97 DHR 0900
Reilly
08/15/97
97 DHR 0921
Phipps
09/10/97
97 DHR 0966
Phipps
08/29/97
96 DHR 2061
Chess
07/08/97
97 DHR 0172
Bee ton
07/16/97
97 DHR 0450
Gray
09/02/97
97 DHR 0459
Phipps
06/09/97
97 DHR 0465
Gray
07/30/97
97 DHR 0471
Gray
07/15/97
97 DHR 0521
Mann
07/25/97
97 DHR 0524
Phipps
08/28/97
97 DHR 0551
Chess
07/15/97
97 DHR 0559
Gray
07/30/97
97 DHR 0608
Chess
09/02/97
97 DHR 0629
Chess
09/02/97
97 DHR 0630
Gray
10/01/97
97 DHR 0632
Phipps
08/25/97
97 DHR 0646
Phipps
09/26/97
97 DHR 0653
Chess
08/20/97
97 DHR 0659
Gray
08/19/97
97 DHR 0667
Phipps
08/25/97
97 DHR 0681
Gray
08/29/97
97 DHR 0723
Chess
08/06/97
97 DHR 0793
Chess
08/21/97
97 DHR 0797
Phipps
08/25/97
97 DHR 0824
Becton
09/29/97
97 DHR 0908
Smith
09/02/97
97 DHR 0999
Phipps
09/11/97
96 DHR 1570
Phipps
06/24/97
12:02 NCR
95
i
737
NORTH CAROLINA REGISTER
October 15, 1997
12:8
CONTESTED CASE DECISIONS
AGENCY
CASE
NUMBER
AU
DATE OF
DECISION
PUBLISHED DECISION
REGISTER CITATION
Group Licensure Section
Jeffreys Family Care #2 v. DHR, Facility Svcs- Group Licensure Section
Division of Medical Assistance
Dilladys Renec Stover v, DHR. Division of Medical Assistance
Beitye Parson/Tambra Parson v DHR, Div of Medical Assistance
Robert D, & Ronda M. Staton v DHR, Div. of Medical Assistance
97 DHR 0259 Mann
97 DHR 0560 Mann
97 DHR 0656 Becton
97 DHR 0660 Smith
06/17/97
09/16/97
08/12/97
09/05/97
Division of Social Services
Chilli Support Enforcement Section
Dale P Sprinkle v Guilford Child Support Agency. Human Resources
Steven Van Linker v. Department of Human Resources
Michael R. Bryant v Deparuiient of Human Resources
David Lee Chamblee Jr v. Department of Human Resources
Michael T. Swann v. Department of Human Resources
Ted Wayne Lamb v. Department of Human Resources
Jelfrey Grainger v. Department of Human Resources
Tollie Woods v. Department of Human Resources
Fred Edward Stafford v Department of Human Resources
David N- Jarrett v. Department of Human Resources
Warren S- Olson v. Department of Human Resources
Stanley A. Watson v. Deparmient of Human Resources
Michael A. Isom v. Deparunent of Human Resources
Rafael L. Garcia v Department of Human Resources
Justin M, Woazeah. Sr. v. Department of Human Resources
Calvin F Mizelle v. Department of Human Resources
Tommy Lee Clark v. Department of Human Resources
Ander L- Garfield v. Department of Human Resources
Clarence O. Rains v. Department of Human Resources
Jeremy Baker v. Department of Human Resources
Hal C Morgan. Jr v. Department of Human Resources
Paul S Cloninger v Department of Human Resources
Edward Stuteville v. Department of Human Resources
Lee G, Sanders Jr. v. Department of Human Resources
David Fraizcr v. Department of Human Resources
David Fraizer v Department of Human Resources
David Hobson v Department of Human Resources
John T, Spidell v Department of Human Resources
David Scott Jordan v Department of Human Resources
Lee R. Jones v Department of Human Resources
Cecil Hall v Department of Human Resources
Neil G McGilberry v Department of Human Resources
William E. Daley Jr, v. Wake County Child Support Enforcement
Dennis Larson v Department of Human Resources
Eric L. Harrington v Department of Human Resources
Paul F Gangemi. Sr. v. Department of Human Resources
Scott M. Rodriguez v. Department of Human Resources
James Withers v Department of Human Resources
Evalina R. Oxendine v. Department of Human Resources
Phillip R. Banner v. Department of Human Resources
Patrick Orlando Crump v Department of Human Resources
Ronald L. Hadley v Department of Human Resources
Garland M. Jessup v, Guilford County Child Support Enforcement
Anthony LeMar III v. Department of Human Resources
Michael A. Norman v. Department of Human Resources
Walter Hawk v. Department of Human Resources
Roger G. Foster v. Department of Human Resources
Charlie T. Smith v Department of Human Resources
Joseph Davis v. Department of Human Resources
Joseph Michael Eubanks v Department of Human Resources
Vonzell Barker v. Department of Human Resources
Charles F King v Department of Human Resources
AC- Nash V, Department of Human Resources
Kenneth A. Ingle v Deparmient of Human Resources
Larie Bolton v. Department of Human Resources
Monty G. Cox v. Randolph County Child Support Enforcement Agency
Steven Van Linker v. Department of Human Resources
96CRA 1171
Gray
08/13/97
96 CRA 1250*-
Becton
07/11/97
96 CRA 1252
Phipps
08/11/97
96 CRA 1281
Morrison
06/16/97
96 CRA 1326
Chess
06/04/97
96 CRA 1359
Gray
07/10/97
96 CRA 1376
Reilly
08/14/97
96 CRA 1348*'
Morrison
08/04/97
96 CRA 1407*"
Reilly
08/21/97
96 CRA 1438
Morrison
07/10/97
96 CRA 1440
Phipps
09/09/97
96 CRA 1448*'"
Reilly
08/21/97
96 CRA 1450
Becton
07/11/97
96 CRA 1451
Becton
09/11/97
96 CRA 1452*'
Chess
07/22/97
96 CRA 1476
Chess
07/07/97
96 CRA 1477
Phipps
08/13/97
96 CRA 1479*"
Morrison
07/15/97
96 CRA 1482
Reilly
08/21/97
96 CRA 1491*-"
Smith
09/05/97
96 CRA 1500
Smith
09/05/97
96 CRA 1502
Becton
09/11/97
96 CRA 1507*"
Mann
08/13/97
96 CRA 1515
Reilly
09/11/97
96 CRA 1519*'"
Chess
07/18/97
96 CRA 1520*'"
Chess
07/18/97
96 CRA 1522*"
Phipps
07/24/97
96 CRA 1567
Smith
09/05/97
96 CRA 1673
Reilly
07/18/97
96 CRA 1720*'
Phipps
07/10/97
96 CRA 1749**
Mann
07/10/97
96 CRA 1767*"
Becton
07/15/97
96 CRA 1789
Reilly
09/25/97
96 CRA 1793
Chess
06/17/97
96 CRA 1794
Mann
07/19/97
96 CRA 1809
Gray
08/13/97
96 CRA 1818''
Gray
06/25/97
96 CRA 1820
Reilly
07/24/97
96 CRA 1825
Gray
09/10/97
96 CRA 1826*-'
Gray
09/24/97
96 CRA 1866*"
Gray
08/18/97
96 CRA 1892
Reilly
07/18/97
96 CRA 1898
Becton
07/11/97
96 CRA 1905
Smith
09/05/97
96 CRA 1915
Gray
09/24/97
96 CRA 1943
Phipps
08/13/97
97 CRA (J043
Phipps
06/19/97
97 CRA 0280
Reilly
06/16/97
97 CRA 0436*"
Phipps
08/11/97
97 CRA 0477
Reilly
07/18/97
97 CRA 0620
Becton
08/12/97
97 CRA 0720
Reilly
07/30/97
97 CRA 0788
Gray
09/10/97
97 CRA 1714
Chess
09/25/97
96 CSE 1220
Reilly
08/21/97
96CSE 1235*"
Becton
08/12/97
96 CSE 1249*-
Becton
07/11/97
Consolidated Cases.
12:8
NORTH CAROLINA REGISTER
October 15, 1997
738
CONTESTED CASE DECISIONS
AGENCY
Barry Tukes Sr. v C S E
Monty G- Cox v. Randolph County Child Support Enforcement Agency
Harriet Tolson v. Department of Human Resources
Edgar C. Lewis. Jr. v. Department of Human Resources
Willie L. Berry v. Department of Human Resources
Tony Orlando Steele v Department of Human Resources
Carl Locklear v. Department of Human Resources
Tollie Woods v. Department of Human Resources
Charles L Raynor \ . Department of Human Resources
Robert Walker v. Intercept Tax Refunds
Chris M. Wilson v. Department of Human Resources
Fred Edward Stafford v. Department of Human Resources
Stanley A- Watson v. Department of Human Resources
Justin M. Woazeah. Sr. v. Department of Human Resources
William A. Underhill v Department of Human Resources
Almiron J. Deis v. Department of Human Resources
Jeremy Baker v Department of Human Resources
Allred Clinton Springs v. Department of Human Resources
Ander L- Garfield v. Department of Human Resources
Edward Stuteville v. Department of Human Resources
Gerald A Jones v Department of Human Resources
DaMd Hobson v. Department of Human Resources
Gregory D. Simpson v. Department of Human Resources
Carl E. Coffey v. Department of Human Resources
Donald Ray Archie v Department of Human Resources
John T Spidell V Department of Human Resources
John W. Liverman v. Department of Human Resources
Vincent L. Martin v. Department of Human Resources
Harlie Leonard Hardison v. Department of Human Resources
David Fraizer v Department of Human Resources
Golet Hollowa> . Jr v- Department of Human Resources
Jeffrey Pierce v. Department of Human Resources
Patrick Orlando Crump v Department of Human Resources
William C- Rivera v. Department of Human Resources
Lenora McCracken v Department of Human Resources
Lee R- Jones v. Department of Human Resources
Cecil Hall v. Department of Human Resources
Gregory Melton v Department of Human Resources
Neil G McGilberry v Department of Human Resources
De\ in J. Bello v Department of Human Resources
Phillip R. Banner v. Deparunent of Human Resources
Scott M- Rodriguez v Department of Human Resources
James Withers v. Department of Human Resources
Sean Heitz v Department of Human Resources
Nathan S Lockhart Sr, v Department of Human Resources
Scott James Petrill v. Department of Human Resources
Daniel E Carpenter v Department of Human Resources
Daniel D Morse v Department of Human Resources
Daryl E Shankle v Child Support Enforcement Agency
Jeffrey William Strama v. Department of Human Resources
Joseph Fernandez v Department of Human Resources
Tommy L. Hines Sr. v Forsvth County Child Support Enforcement
Irvan Jemal Fontenot v. Department of Human Resources
Pearlie Blakney v. Department of Human Resources
Leroy Grooms v . Department of Human Resources
Sarah Chambers v Department of Human Resources
Leroy Grooms v Department of Human Resources
Theodore McCleese v. Department of Human Resources
Gertru Jefferson Ward v Department of Human Resources
John C- Henderson v Department of Human Resources
William A Rogers v. Department of Human Resources
Mark R. Kearney v. Department of Human Resources
Michael J. Powell v Deparwient of Human Resources
Joseph Davis v. Department of Human Resources
James G. Davis v Department of Human Resources
Randy Gavurnik v, Deparunent of Human Resources
Curtis Leon Mock v. Department of Human Resources
Daniel E. Carpenter v. Department of Human Resources
Juan L. Allen v. Department of Human Resources
Donald Mac Tipton v Department of Human Resources
Guy R- Auger v Brunswick County Child Support Enforcement
Andrew J. Hough v. Department of Human Resources
CASE
DATE OF
PUBLISHED DECISION
NL-MBER
ALJ
DECISION
REGISTER CITATION
96 CSE 1277
Mann
07/01/97
96CSE 1278»"
Becton
08/12/97
96 CSE 1280
Reilly
08/21/97
96 CSE 1299
Mann
08/20/97
96 CSE 1319
Gray
06/25/97
96 CSE 1337
Mann
06/30/97
96 CSE 1338
Mann
07/07/97
96 CSE 1340"
Morrison
08/04/97
96 CSE 1382
Becton
07/11/97
96 CSE 1384
Morrison
07/24/97
96 CSE 1403
Morrison
09/25/97
96 CSE 1406* '
Reilly
08/21/97
96 CSE 1449»"
Reilly
08/21/97
96 CSE 1453*"
Chess
07/22/97
96 CSE 1455
Mann
07/18/97
96 CSE 1456
Gray
06/25/97
96 CSE 1460*-"
Smith
09/05/97
96 CSE 1473
Reilly
08/21/97
96 CSE 1480*''
Morrison
07/15/97
96 CSE 1508*'
Mann
08/13/97
96 CSE 1512
Becton
09/11/97
96 CSE 1521*''
Phipps
07/24/97
96 CSE 1527
Reilly
06/25/97
96 CSE 1528
Reilly
09/24/97
96 CSE 1558
Becton
07/11/97
96 CSE 1566
Smith
09/05/97
96 CSE 1568
Becton
07/11/97
96 CSE 1574
Gray
08/04/97
96 CSE 1578
Becton
08/25/97
96 CSE 1610*'"
Chess
07/18/97
96 CSE 1611
Becton
07/11/97
96 CSE 1613
Mann
06/30/97
96 CSE 1614*'"
Gray
08/18/97
96 CSE 1622
Mann
06/18/97
96 CSE 1644
Mann
06/30/97
96 CSE 1719*"
Phipps
07/10/97
96 CSE 1750*'
Mann
07/10/97
96 CSE 1764
Morrison
09/17/97
96 CSE 1766*-
Becton
07/15/97
96 CSE 1774
Phipps
07/16/97
96 CSE 1802*-'
Gray
09/24/97
96 CSE 1817*'
Gray
06/25/97
96 CSE 1821
Reilly
08/21/97
96 CSE 1909
Chess
07/22/97
96 CSE 1910
Phipps
07/16/97
96 CSE 1914
Morrison
07/30/97
96 CSE 1917*' =
Phipps
07/25/97
96 CSE 1942
Chess
08/19/97
96 CSE 1977
Becton
07/1 1 '97
96 CSE 2043
Becton
07/11/97
96 CSE 2066
Chess
08/21/97
97 CSE 0015
Reilly
07/18/97
97 CSE 0223
Becton
07/11/97
97 CSE 0254
Phipps
07/24/97
97 CSE 0258*'
Becton
07/18/97
97 CSE 0278
Morrison
06/16/97
97 CSE 0297*"
Becton
07/18/97
97 CSE 0353
Morrison
08/05/97
97 CSE 0381
Chess
08/22/97
97 CSE 0408
Smith
09/05/97
97 CSE 0410
Gray
06/25/97
97 CSE 0417
Reilly
08/07/97
97 CSE 0418
Becton
08/12/97
97 CSE 0435*'
Phipps
08/11/97
97 CSE 0448
Gray
07/28/97
97 CSE 0454
Morrison
08/04/97
97 CSE 0490
Mann
06/17/97
97 CSE 0501*'-
Phipps
07/25/97
97 CSE 0550
Smith
09/05/97
97 CSE 0564
Gray
09/15/97
97 CSE 0600
Morrison
07/18/97
97 CSE 0615
Reilly
08/21/97
739
NORTH CAROLINA REGISTER
October 15, 1997
12:8
CONTESTED CASE DECISIONS
AGENCY
David F. Norman v. Depariment of Human Resources
Carvin Ray Burris v. Deparmieni of Human Resources
Mar F. Jones v Depariment of Human Resources
Denis J Quinn v. Deparlmenl of Human Resources
Naihaniel D Carter v. Department of Human Resources
Dennis W Glowers v. Department of Human Resources
Daniel J. McDowell v. Department of Human Resources
Walter McNeil v Department of Human Resources
David Hohson v. Department of Human Resources
Jerry Whitley v Mecklenburg County Child Support Enforcement
Linda Wade-Hargrove v. Department of Human Resources
Regina C. Sullivan v. Department of Human Resources
Teri Lynne Lanier v Department of Human Resources
Katrina T, Johnson v. Department of Human Resources
INSURANCE
Joseph J. Peacock v. Department of Insurance
JUSTICE
Barbara Carter Irons v. DHR. Division of Facility Services
Imran Ramnarine v, Deparmient of Justice. Company Police Program
Alarm Systems Licensing Board
Kim Brian Phelps v. Alarm Systems Licensing Board
Daniel Joseph Dunne. Ill v. Alarm Systems Licensing Board
Education and Training Standards Division
Charles Thomas Ohnmachi. Jr v Criml Justice Ed/Training Stds. Comm.
Jon Randolph O'Dell v. Criml. Justice Ed./Training Stds. Comm.
James HaywotKi Mathews. Jr. v. Criml. Justice Ed. /Training Stds. Comm
Christopher Lee v. Criminal Justice Ed. & Training Standards Comm.
Steven Wayne Olsen v. Criminal Justice Ed & Training Standards Comm.
Joseph Lonnie Wesson v. Criminal Justice Ed & Training Standards Comm.
Frank Arlander Hearne v. Criml. Justice Ed. & Training Stds Comm.
Audrey McDonald Rixigers v Sheriffs' Ed. & Training Stds. Comm.
William Malcolm Mourino v. Sheriffs' Ed. & Training Stds Comm.
Derrick W. Bowens v. Sheriffs' Education & Training Standards Comm,
William Wayne McDowell v. Sheriffs' Education & Training Stds. Comm.
Private Protective Services Board
Private Protective Services Board v, Phillip L, Hanson
Ronald Anthony Bobcck v. Private Protective Services Board
Harry A. House v. Private Protective Services Board
PUBLIC INSTRUCTION
Nicholas Eirschcle. by his parents, Charles & Kathy Eirschele v. Craven
County Board of Education
Karen L. Holgersen v. Department of Public Instruction
Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridilh
Kirkpatrick, Individually v, Lenoir County Board of Education
Alexander & Linda Brody & their son. James Brody v. Dare County
Public Schools
Brenda Joyce Brooks Lovely v. State Board of Education
Norman D. Crotts v. State Board of Education
Walter R. Bennett v State Board of Education
Julius O. Webb v Hertford County Board of Education
Karen Clark Ceccato v Department of Public Instruction
CASE
DATE OF
PUBLISHED DECISION
NUMBER
ALJ
DECISION
REGISTER CITATION
97 CSE 0672
Gray
07/28/97
97CSE0751
Becton
09/11/97
97 CSE 0777
Phipps
08/28/97
97 CSE 0794
Reilly
09/24/97
97 CSE 0931
Smidi
09/25/97
97 CSE 0944
Becton
09/11/97
97 CSE 0984
Morrison
09/10/97
97 CSE 1324
Becton
09/11/97
97 CSE 1747*"
Phipps
07/24/97
97 CSE 2037
Reilly
08/21/97
97 DCS 0365
Becton
07/11/97
97 DCS 0482
Becton
07/18/97
97 DCS 0738
Smith
09/05/97
97 DCS 0856
Becton
09/24/97
96 INS 0433
Becton
07/25/97
12:04 NCR 327
97 DOJ 0669
Phipps
08/27/97
12:06 NCR 501
97 DOJ 2071
Becton
06/11/97
96 DOJ 1785
Gray
08/08/97
97 DOJ 0868
Phipps
09/12/97
96 DOJ 0353
Phipps
06/13/97
96 DOJ 1466
Phipps
09/16/97
96 DOJ 1957
Reilly
07/31/97
97 DOJ 0076
Morrison
06/19/97
97 DOJ 0077
Phipps
08/21/97
97 DOJ 0136
Reilly
08/26/97
97 DOJ 0137
Reilly
06/10/97
97 DOJ 0308
Reilly
07/31/97
97 DOJ 0430
Phipps
09/16/97
97 DOJ 0661
Smith
08/29/97
97 DOJ 0817
Morrison
08/22/97
96 DOJ 0795
Smith
06/05/97
97 DOJ 0476
Morrison
06/20/97
97 DOJ 0727
Phipps
09/11/97
96 EDC 0655
Mann
09/02/97
96 EDC 0808
Smith
05/27/97
96 EDC 0979
Overby
06/02/97
96 EDC 1095
Creech
08/25/97
12:07 NCR 581
97 EDC 0089
Morrison
08/01/97
97 EDC 01 17
Reilly
09/23/97
97 EDC 0657
Smith
09/29/97
97 EDC 0736
Gray
09/09/97
97 EDC 0989
Smith
09/16/97
STATE PERSONNEL
Brunswick Community College
Dr Donald W. Skinner v. Brunswick Community College
Correction
Rodney Jones, Paula Hawkins. James McKoy v. Dept of Correction
Rodney Jones. Paula Hawkins, James McKoy v. Dept. of Correction
Rodney Jones, Paula Hawkins, James McKoy v. Dept. of Correction
Larry Wayne Pruitt, Jr. v Department of Correction
William Hershel Bradley v Franklin Freeman, Supl Mark Hughes,
Grant Spicer, Asst. Supt. Wade Hatley. et al. Department of Correction
Dennis Harrell v. Depariment of Correction
Ray Evans Joyner v. Correction, Div of Adult Probation/Parole
97OSP0310
Phipps
06/12/97
96 0SP 1051*"
Phipps
08/20/97
96 0SP 1119*"
Phipps
08/20/97
96 0SP 1120*"
Phipps
08/20/97
96 0SP 1133
Gray
08/11/97
96 0SP 1604
Phipps
06/19/97
96 OSP 2039
Chess
06/18/97
97OSP0100
Becton
09/18/97
12:8
NORTH CAROLINA REGISTER
October 15, 1997
740
CONTESTED CASE DECISIONS
AGENCY
Morion Floyd v. New Hanover Departmenc of Correction
William A Rich v Dennis Rowland (Assi. Supi ) Wake Corr. Cir DOC
William E- McCaskill v Deparuneni of Correction
Crime Control and Public Safety
Carroll E, Ward v Slate Highway Patrol
Employment Security Commission
Broxie J. Nelson v Employment Security Commission
Mary H Ranson v Employment Security Commission
Human Resources
Willie D Parks v Cherry Hospital. Department of Human Resources
Robert Tilson Morley v Department of Human Resources
Glen Sutton v Cumberland County Department of Social Services
Pamela Massey v Department of Human Resources
Clifton Dean Hill v Department of Human Resources
Calvin E. Kaiser v. Southeastern Mental Health Center
Troy Gaines v Durham County Mental Health Department
Edward Percell Eason v Department of Human Resources
Lisha Dawn Byrd v Human Resources (Western Carolina Center)
Antonio A- Archibeque v Barbara D Whitley. Dir, Stanly County DSS
DHR. Deaf & Hard of Hearing CNCSD. Evonne Broadnax v DHR.
Deaf & Hard of Hearing CNCSD
CASE
DATE OF
PIBLISHED DECISION
>aJMBER
AU
DECISION
REGISTER CITATION
97OSP0152
Gray
06/13/97
97 OSP 0542
Gray
09/02/97
97 OSP 077U
Becton
09/26/97
97 OSP 0750
Mann
09/16/97
96 OSP 0378
Becton
07/10/97
97 OSP 0387
Mann
07/24/97
96 OSP 0617
Phipps
09/10/97
96 OSP 0969
Gray
08/21/97
96 OSP 1296
Gray
07/17/97
96 OSP 1927
Becton
08/28/97
12:06 NCR 497
97 OSP 0007
Phipps
06/20/97
12:02 NCR 107
97 OSP 0073
Gray
08/08/97
97 OSP 0347
Mann
08/05/97
97 OSP 0363
Gray
08/15/97
97 OSP 0491
Morrison
08/28/97
97 OSP 0663
Smith
09/02/97
97 OSP 0756
Becton
09/03/97
Public Instruction
Frances Phillips Melott
Department of Public Instruction
Transportation
Frank A. Tice, 111 v Department of Transportation
University of North Carolina
Boyd S Taylor v, NC Central University
Diane Riggsbee-Raynor v UNC at Chapel Hill
Helen Mclntyre v. UNC-TV University of North Carolina
Elaine P. Browne v. Winston-Salem State University
Ann 0, Meares v. NC State University
Darrell J Hampton v NC Central University
Clinton A Browne v NC A&T State University
Kenneth L. Jarman v. East Carolina University
William A. Covington v. NC A & T State University
Helen Mclntyre v, UNC-TV University of North Carolina
STATE TREASURER
Shelby H- Underwood, etal, v. Trustees Teachers/St. Emp Ret. Sys.
TRANSPORTATION
Audrey W Harris v Transportation. Manson/Wheat Contr,. & Wake Elec.
95 OSP 0907
Trawick
97 OSP 0380
Mann
94 OSP 0363
Chess
96 OSP 0326
Chess
96 OSP 0822
Gray
96 OSP 1007
Reilly
96 OSP 1870
Chess
97 OSP 0155
Mann
97 OSP 0199
Phipps
97 OSP 0249
Gray
97 OSP 0686
Becton
97 OSP 0991
Gray
96 DST 0390
Reilly
97 DOT 0566
Gray
06/09/97
09/05/97
09/12/97
06/04/97
09/26/97
09/24/97
09/22/97
08/11/97
09/18/97
09/26/97
08/29/97
09/26/97
08/05/97
07/28/96
12:01 NCR 39
(
741
NORTH CAROLINA REGISTER
October 15, 1997
12:8
NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM
Lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the
North Carolina executive branch of government has been assigned a title number. Titles are further broken
down into chapters which shall be numerical in order. Tlie other two, subchapters and sections are optional
subdivisions to be used by agencies when appropriate.
TITLE
TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
DEPARTMENT LICENSING BOARDS CHAPTER
1
Administration
Acupuncture
1
2
Agriculture
Architecture
2
3
Auditor
Auctioneers
4
4
Commerce
Barber Examiners
6
5
Correction
Certified Public Accountant Examiners
8
6
Council of State
Chiropractic Examiners
10
7
Cultural Resources
General Contractors
12
8
Elections
Cosmetic Art Examiners
14
9
Governor
Dental Examiners
16
10
Human Resources
Dietetics/Nutrition
17
11
Insurance
Electrical Contractors
18
12
Justice
Electrolysis
19
13
Labor
Foresters
20
14A
Crime Control & Public Safety
Geologists
21
15A
Environment, Health, and Natural
Hearing Aid Dealers and Fitters
22
Resources
Landscape Architects
26
16
Public Education
Landscape Contractors
28
17
Revenue
Marital and Family Therapy
31
18
Secretary of State
Medical Examiners
32
19A
Transportation
Midwifery Joint Committee
33
20
Treasurer
Mortuary Science
34
*21
Occupational Licensing Boards
Nursing
36
22
Administrative Procedures
Nursing Home Administrators
37
23
Community Colleges
Occupational Therapists
38
24
Independent Agencies
Opticians
40
25
State Personnel
Optometry
42
26
Administrative Hearings
Osteopathic Examination & Reg. (Repealed)
44
27
NC State Bar
Pastoral Counselors, Fee-Based Practicing
45
Pharmacy
46
Physical Therapy Examiners
48
Plumbing, Heating & Fire Sprinkler Contractors
50
Podiatry Examiners
52
Professional Counselors
53
Psychology Board
54
Professional Engineers & Land Surveyors
56
Real Estate Appraisal Board
57
Real Estate Commission
58
Refrigeration Examiners
60
Sanitarian Examiners
62
Social Work Certification
63
Soil Scientists
69
Speech & Language Pathologists & Audiologists
64
Substance Abuse Professionals
68
Therapeutic Recreation Certification
65
Veterinary Medical Board
66
Note: Title 21 contains the chapters of the various occupational licensing boards.
72:5
NORTH CAROLINA REGISTER
October 15, 1997
742
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(
BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997
DESCRIPTION
CODE
ANNUAL
SUBSCRIPTION PRICE
Tirie 1 - Dept. of AdministraHon - Complete Title 201 00 001
Division of Purchase & Contract 201 10 051
Federal Block Grant Funds 201 10 331
TiHe 2 - Dept. of Agriculture - Complete Title 202 00 00 1
Food & Drug Protection Division 202 15 091
Structural Pest Control Committee 202 15 341
Agricultural Markets 202 15 431
Plant Industry 202 15 481
Animal Industry 202 15 521
Title 3 ■ Dept. of State Auditor - Complete Title 203 00 001
Title 4 - Dept. of Commerce - Complete Title 204 00 001
Alcoholic Beverage Control Commission 204 15 021
Banking Commission 204 15 031
Credit Union Division 204 15 061
Savings & Loan Division 204 15 091
Industrial Commission/Workers Compensation 204 15 101
Savings Institutions Division 204 15 161
Title 5 - Dept. of Corrections - Complete Title 205 00 001
Division of Prisons 205 15021
Title 6 - Council of State - Complete Title 206 00001
Title 7 - Dept. of Cultural Resources - Complete Title 207 00 001
Title 8 - State Board of Elections • Complete Title 208 00 001
Title 9 • Offices of ttie Governor & Lt. Governor - Complete Title 209 00 001
TiHe 1 - Dept. of Human Resources - Complete Title 21 00 001
Licensing of Health Facilities 210 20 101
Detention Facilities 210 20 201
Mental Health & Rehabilitation Services 210 20 301
Social Services 210 20 401
Children Services/Day Care 210 20 41 1
Services for the Aging 210 20 421
Services for the Blind 210 20 431
Services for the Deaf & Hard of Hearing 210 20 441
Employment Opportunities 210 20 451
Title 11 - Dept. of Insurance - Complete Title 21 1 00 001
Insurance 211 10 011
Consumer Services 211 10 041
Fire & Rescue Services 21110 051
Agent Services 21110 061
Engineering & Building Codes 211 10 081
Title 1 2 - Dept. of Justice - Complete Title 2 1 2 00 00 1
Private Protective Services 212 10 071
Police & Sheriffs Education & Training Standards 212 10 091
NC Alarm Systems Licensing Board 212 10 111
Title 1 3 - Dept. of Labor - Complete Title 2 1 3 00 00 1
Mine & Quarry Safety 213 15 061
General Safety/OSHA 213 20 001
Wage & Hour Rules 213 15 121
Boiler & Pressure Vessel Safety 213 15 131
Apprenticeship & Training 213 15 141
Elevator & Amusement Device Safety 213 15 151
Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1
Alcohol Law Enforcement 214 00 081
Victims Compensation Fund 214 00 111
Title ISA ■ Dept. of Environ., HeaWi, & Nat. Resources - Complete Title 215 00 001
Environmental Management 215 15 001
Air Quality 215 15 101
Water Quality 215 15 201
Land & Waste Management 215 15 301
Solid Waste Management 215 15311
$90.00
S30.00
$25.00
$140.00
$35.00
$30.00
$30.00
S30.00
$30.00
$25.00
$125.00
$45.00
$45.00
$25.00
$25.00
$30.00
$35.00
$70.00
$35.00
$30.00
$60.00
$30.00
$45.00
$470.00
$95.00
$40.00
$110.00
$185.00
$55.00
$45.00
$40.00
$25.00
$45.00
$90.00
$80.00
$30.00
$25.00
$35.00
$30.00
$90.00
$30.00
$40.00
$30.00
$110.00
$25.00
$70.00
$25.00
$25.00
$25.00
$25.00
$45.00
$25.00
$25.00
$395.00
$165.00
$90.00
$85.00
$85.00
$50.00
DESCRIPTON
CODE
ANNUAl
SUB$CRJPTK)N PRICE
Underground Storage Tanks
Coastal Management, Fishing & Boating
Environmental Health
Radiation/Nuclear Waste
Sanitation
Pubhc Health
Intoxilizer & Brcathalizer
Title 1 6 - Dept. of Public instruction - Complete Title
Elementary & Secondary Education
Title 1 7 - Department of Revenue - Complete Title
Taxes on Individuals
Taxes on Business
Sales & Use Tax Division
Motor Fuels Tax Division
Title 1 8 - Secretary of State - CompleteTitle
Securities Division
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Title 20 - Dept. of A\e State Treasurer - Complete Title
TiHe 2 1 - Occupational Licensing Boards - Complete Title
Title 22 - Administrative Procedures - Repealed
Title 23 - Community Colleges - Complete Title
Title 24 - Independent Agencies - Complete Title
Title 25 - Office of State Personnel - CompleteTitle
Title 26 - Office of Administrative Hearings - Complete Title
Title 27 - North Carolina State Bar - Complete Title
North Carolina Administrative Code - Complete Code
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CD-ROM North Carolina Administrative Code
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CD-ROM North Carolina Administrative Code
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Master Table of Contents
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215 25 001
21525 101
215 25 201
215 25 301
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216 10061
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217 15 201
217 15271
217 15291
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218 10060
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219 10031
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223 00 001
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